Dilip Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84638 of 2023 Arising Out of PS. Case No.-73 Year-2023 Thana- GHOGHARDIHA District- Madhubani ====================================================== Dilip Rai, Son Of Jageshwar Rai Resident Of Village - Bisahariya, P.S. - Ghoghardiha, District - Madhubani ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Baleshwar Kamat, Adv.

For the Opposite Party/s :

Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 10-01-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Ghoghardiha P.S. Case No. 73 of 2023, lodged on 03.05.2023 under Sections 409, 420, 34 of the Indian Penal Code.

3. As per the prosecution case, The FIR has been lodged on the allegation that the work of Panchayati Raj, Chikna, District- Madhubani under Nal Jal Yojana scheme has not been completed by the accused persons.

4. Learned counsel for the petitioner submits that the said work has been completed, but due to strange attitude of the concerned official, the entry could not be made in the measurement book and only due to this reason, the FIR has been lodged. Counsel also submits that the work has already been completed, but from the record, it is not clear that whether work has been completed or not. Counsel for the petitioner has annexed the document by which he submits that entry has already been

Patna High Court CR. MISC. No.84638 of 2023(2) dt.10-01-2024 2/2 made in the measurement book.

5. Learned counsel for the petitioner submits that the petitioner is an elected ward member and have a reputation in the society. Counsel further submits that the antecedent of the petitioner is clean and he is in custody since 28.09.2023.

6. Learned APP for the State opposes the prayer for bail of the petitioner and submits that the work has been done or not is still to be ascertained.

7. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted provisional bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Jhanjharpur, Madhubani in connection with Ghoghardiha P.S. Case No. 73 of 2023,

8. The provisional bail of the petitioner shall be confirmed upon production of certificate of completion from the competent authority before the Trial Court who upon verification shall confirm the bail of the petitioner within 6 months from the date of his release.

(Dr. Anshuman, J.) Divyansh/- U T