Gajendra Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4477 of 2020 Arising Out of PS. Case No.-72 Year-2003 Thana- KUMAR KHAND District- Madhepura ====================================================== Gajendra Kumar Singh, aged about 68 years, male, Son of Late Narsingh Prasad Singh, Resident of Village - Tuniyahi, Ward No. 2, P.S. and Distt.- Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Adv.

For the Opposite Party/s :

Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 05-06-2020 Heard Mr. N.K. Agrawal, learned Senior Advocate for the petitioner and Md. Aslam Ansari, learned APP for the State.

The petitioner, who is in custody since 21.09.2019, seeks bail in connection with Kumarkhand P.S. Case No. 72 of 2003, dated 01.08.2003, corresponding to G.R. No. 584 of 2003, instituted for the offences under Sections 409, 406, 420, 120B, 204, 218 and 119/34 of the Indian Penal

Patna High Court CR. MISC. No.4477 of 2020(5) dt.05-06-2020 2/3 Code.

From the First Information Report as well as the records of this case, it appears that the petitioner was a Project Assistant. The matter relates to construction of a bridge under Sunishchit Rojgar Yojna. As the allegation in the F.I.R. goes, there was more payment than was due and as against the petitioner, it is alleged that on demand, he did not produce relevant files and papers.

It has been urged on behalf of the petitioner that he joined as Project In-charge later than the initiation of the work of construction of the bridge. The papers relating to the investments in the aforesaid project was not handedover by his predecessor. Apart from this, it has been urged that a departmental proceeding was initiated against him during the period of investigation. The petitioner has deposited the deficit amount, though under protest. The petitioner has also retired from service on 30.06.2013. Some of the other accused persons who were chargesheeted and were tried, stand acquitted today. The petitioner has been charge-sheeted by way of supplementary

Patna High Court CR. MISC. No.4477 of 2020(5) dt.05-06-2020 3/3 charge-sheet.

Regard being had to the aforesaid facts, the petitioner is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Madhepura in connection with Kumarkhand P.S. Case No. 72 of 2003, corresponding to G.R. No. 584 of 2003. The application stands allowed.

(Ashutosh Kumar, J) Praveen-II/- U T