Allowed

Ashok Kumar Singh v. The State of Bihar

Patna HC25 Aug 2022CR. MISC./31650/2022

Case brief

AI extract

What is this about?

The Patna High Court granted bail to the petitioner, who was accused of misappropriating funds from a Nal Jal Yojna construction project, noting that he supplied materials after the case was filed and that affidavits from the committee corroborated this plea.

What did the court decide?

Released on bail by furnishing a bond of Rs. 10,000 with two sureties of similar amounts to be approved by the Chief Judicial Magistrate, East Champaran.

Ashok Kumar Singh Vs The State of Bihar — Cheating and Forgery | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.31650 of 2022

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Arising Out of PS. Case No.-184 Year-2021 Thana- PAKRIDAYAL District- East Champaran

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======================================================

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ASHOK KUMAR SINGH S/O LATE RAMDEO SINGH R/o villageBaraharakh (Harakhbarah), P.S.- Pakaridayal, District- East Champaran

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... ... Petitioner/s

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Versus

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The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Madhurendra Kumar For the Opposite Party/s : Mr.Navin Kumar Pandey ======================================================

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CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER

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2 25-08-2022

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The learned counsel for the petitioner is directed to

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remove all the defects pointed out by the Stamp Reporter within one month.

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Heard learned counsel for the petitioner and the State.

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Petitioner seeks regular bail in a case registered for the offences punishable under Sections 406, 420 and 409 of the Indian Penal Code.

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As per allegation there was going construction work of Nal jal Yojna in ward no.6 and the same was being monitored by the ward management committee and the petitioner was bound to supply construction materials and in this regard he was paid Rs 12 lakh through different cheques but he misappropriated the said amount and did not supply required materials and accordingly, he embezzled Rs 7 lakh out of the

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Patna High Court CR. MISC. No.31650 of 2022(2) dt.25-08-2022 2/3

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said amount.

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The main submissions advanced by Sri Madhurendra Kumar, the learned counsel for the petitioner are that petitioner was only bound to supply construction materials on construction cite, though at the time of institution of the case, required material was not supplied but after institution of this case, he has supplied the construction materials and laches on his part in not supplying the materials happened due to Covid-19 and same was not done deliberately by the petitioner and in this regard, concerned committee have filed an affidavit before the court below and the petitioner has been languishing in jail since 25.2.2022.

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Sri Navin Kumar Pandey, learned APP appearing for the State has opposed the prayer for bail.

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Heard both sides and perused the FIR. As per allegation of FIR petitioner did not supply the required materials with regard to alleged construction work but now he has taken plea that required materials have been supplied by him after institution of the case and work has been completed and in this regard concerned members of the management committee have filed affidavit before the court below. The said plea has not been refuted by the prosecution.

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Considering the said plea of the petitioner as well as

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Patna High Court CR. MISC. No.31650 of 2022(2) dt.25-08-2022 3/3

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his custody period, in the opinion of this court, a lenient approach can be taken in respect of the petitioner. Let the petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, East Champaran at Motihari in Pakaridayal P.S Case No. 184 of 2021.

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(Shailendra Singh, J)

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s.hassan/-

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U T

Ashok Kumar Singh v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Ashok Kumar Singh v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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