Pradeep Kumar Sah @ Pradeep Kumar Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86248 of 2019 Arising Out of PS. Case No.-351 Year-2019 Thana- NAUTAN District- West Champaran ====================================================== Pradeep Kumar Sah @ Pradeep Kumar Prasad, male, aged about 45 years, S/o Maheshwar Prasad, R/o village - Gahiri, P.S. - Nautan, District - West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar No. 7, Adv.

For the Opposite Party/s :

Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 18-06-2020 Heard Mr. Sanjay Kumar No. 7, learned counsel for the petitioner and learned APP for the State. The petitioner seeks bail in anticipation of his arrest in connection with Nautan P.S. Case No. 351 of 2019, dated 05.09.2019, instituted for the offences under Sections 420 and 409 of the Indian Penal Code.

One Rita Devi, an Up-Mukhiya, had initially lodged a complaint before the Lokayukta which is the basis of the

Patna High Court CR. MISC. No.86248 of 2019(3) dt.18-06-2020 2/3 F.I.R. The substratum of the allegation against the petitioner is that he, in his capacity as Mukhiya, has bungled into the payment of MGNREGA workers. It has also been alleged in the F.I.R. that the petitioner is accused of nine cases.

Learned counsel for the petitioner has submitted that a vague and general allegation has been raised by the Up-Mukhiya without any substantial name or instance of such embezzlement of fund by way of making payment to wrong persons. Apart from this, it has been stated that only one case is pending against the petitioner out of the nine cases which have been stated in the F.I.R.

The argument of the learned counsel for the petitioner, therefore, is that this is a vested interest litigation on the part of the informant.

Considering the facts afore-stated, the petitioner above named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two

Patna High Court CR. MISC. No.86248 of 2019(3) dt.18-06-2020 3/3 sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Nautan P.S. Case No. 351 of 2019, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

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