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Patna High CourtCR. MISC./87396/2025bail granted

Raju Paswan v. The State Of Bihar

2026-01-12Mr. Justice Shailendra Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87396 of 2025 Arising Out of PS. Case No.-133 Year-2023 Thana- HAYAGHAT District- Darbhanga ====================================================== Raju Paswan, S/o Shri Dhaniklal Paswan, Resident of Village - Purbi Bilaspur, P.S.- Hayaghat, District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kaushal Kumar, Adv.

For the Opposite Party/s :

Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 12-01-2026

1. Heard Mr. Kaushal Kumar,learned counsel for the petitioner and Mr. Parmeshwar Mehta, learned APP for the State.

2. The petitioner seeks regular bail in connection with G.R. No. 3006 of 2023, arising out of Hayaghat P. S. Case No. 133 of 2023, dated 04.09.2023 registered for the offences punishable under Sections 420, 406, 409 and 34 of the Indian Penal Code.

3. The main submissions advanced by the petitioner's counsel are that the allegation of embezzlement has been levelled against this petitioner and the co-accused mainly on account of non-completion of a part of the construction of Nal Jal Tower under Mukhya Mantri Gramin Pey Jal Nischay Yojana though as per the technical assistant's report, a major

Patna High Court CR. MISC. No.87396 of 2025(2) dt.12-01-2026 2/3 part of the work worth Rs. 10,15,172/- has been recorded in the measurement book, however, the petitioner being the Chairman of the concerned committee was not instrumental in the execution of the said construction work and the co-accused Krishna Nandan Mahto was mainly responsible for the alleged act upon whose persuasion the petitioner affixed his signature on the concerned documents. It is further submitted that the said co-accused Krishna Nandan Mahto has already been granted bail by the coordinate Bench of this court vide order dated 20.08.2025 passed in Cr. Misc. No.

42168 of 2025 and it is contended that the case of this petitioner stands on better footing and further before the High Court the said co-accused had taken the plea that he had performed all his work, considering the said submission as well as other relevant materials on record his prayer for bail was allowed by the coordinate Bench of this court. It is lastly submitted that the petitioner has one criminal antecedent in which he is on bail and he has been languishing in jail since 26.09.2025 and against him the investigation has been completed.

4. Learned APP appearing for the State has opposed the bail prayer of the petitioner.

5. In the facts and circumstances of this case,

Patna High Court CR. MISC. No.87396 of 2025(2) dt.12-01-2026 3/3 considering the above submissions and the averments made in this application mainly taking into account the petitioner's custody period and completion of investigation against him, coupled with the privilege of bail having been granted to the similarly situated co-accused by the coordinate Bench of this Court, this court is inclined to grant the same releif to the petitioner. Accordingly, let the petitioner named-above be enlarged on bail in connection with G.R. No. 3006 of 2023, arising out of Hayaghat P. S. Case No. 133 of 2023 on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned.

(Shailendra Singh, J) Rajiv/- U T