Suresh Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1034 of 2024 Arising Out of PS. Case No.-292 Year-2022 Thana- BARACHATTI District- Gaya ====================================================== Suresh Chaudhary Son Of Janki Chaudhary Resident Of Village - Partapi, P.S. - Barachatti, District - Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar, Advocate For the Opposite Party/s :

Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 24-01-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Barachatti P.S. Case no. 292 of 2022 registered under section 409 of the Indian Penal Code.

3. As per the prosecution case, the petitioner happens to be the Ward Chairman of the ward concerned. It is stated that under the Government scheme, the amount was to be withdrawn on the joint signature of the Chairman and the Secretary of the ward. Amount as mentioned was withdrawn, however on inquiry it transpired that work had not been carried out for the total amount withdrawn. As such the F.I.R.

4. Learned counsel for the petitioner in reference to the contents of the F.I.R and especially the allegations against the petitioner therein as contained on page no. 17 of the petition submits that substantial work has been done. Allegations are

Patna High Court CR. MISC. No.1034 of 2024(2) dt.24-01-2024 2/2 false and concocted. Referring to the order granting anticipatory bail to the Ward Secretary as contained in Annexure- P/2 it is submitted that accepting the allegations for the sake of argument the difference amount of Rs. 3,59,086/- has been deposited. The petitioner is in custody since 30.5.2023 and charge-sheet has been submitted in the case.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner in the F.I.R, grant of Anticipatory bail to co-accused vide order contained in Annexure- P/2 to the petition, the petitioner being in custody for more than 7 months since 30.5.2023 and chargesheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Barachatti P.S. Case no. 292 of 2022, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Sherghati, Gaya.

Partha Sarthy, J) Harsh/- U T