Partly allowed

Birendra Ram @ Virendra Ram v. The State of Bihar and Ors.

Patna HC28 Aug 2024CR. MISC./53796/2024

Case brief

AI extract

What is this about?

The High Court granted anticipatory bail to the petitioner in a case involving alleged forgery and misappropriation under the IPC, contingent upon arrest or surrender within six weeks and execution of bail bonds before the designated magistrate.

What did the court decide?

Bail upon arrest or surrender within six weeks, subject to furnishing bonds of Rs. 10,000 and two sureties of similar amount.

Birendra Ram @ Virendra Ram Vs The State of Bihar and Ors. — Corruption | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.53796 of 2024

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Arising Out of PS. Case No.-86 Year-2024 Thana- JAMHOR District- Aurangabad

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

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Birendra Ram @ Virendra Ram Son of Late Kailash Ram reisdent of villageSimariya, Ramchandra Nagar, P.S.- Jamhore, Distt.- Aurangabad (Bihar)

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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. Aman Vishal, Advocate For the Opposite Party/s : Mr. Yogendra Kumar, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER

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2 28-08-2024

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Heard learned counsel for the petitioner and learned

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A.P.P. for the State as well as learned counsel for the informant.

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The petitioner apprehends arrest in connection with Jamhore P.S. Case No. 86 of 2024 dated 13.05.2024 instituted for the offence punishable under Sections 467, 468, 420, 409 of the Indian Penal Code.

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The prosecution case, in short, is that the petitioner, who is the Mukhiya of the panchayat, misappropriated lakhs of rupees allotted to the works of Fifteenth and Sixth Yojna. It is alleged that the petitioner committed the said forgery by making duplicate signature of labourers, namely, Subhash Paswan, Sunil Paswan and Sidhnath Paswan whose names appeared in the muster roll and who had been shown to have been paid on account of having worked as a labourers in the scheme, but actually they neither worked in the said scheme nor put their signatures on the

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Patna High Court CR. MISC. No.53796 of 2024(2) dt.28-08-2024 2/3

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muster roll.

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Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that the petitioner is the present Mukhiya and informant is the Deputy Mukhiya of the same panchayat. The petitioner has paid the wages to all the labourers with regard to the work under Fifteenth and Sixth Yojna, as such no forgery has been committed by the petitioner. It is further submitted that it has not been mentioned that what is the amount of government money which has been misappropriated. Learned counsel for the petitioner submits that all the labourers mentioned in the F.I.R., namely, Subhash Paswan, Sunil Paswan and Siddhanath Paswan have sworn affidavit stating therein that they participated in above works and they have received their payment of said work. It is also submitted false allegation has been levelled against the petitioner by Deputy Mukhiya only due to rivalry. Learned counsel for the petitioner submits that no allegations of misappropriation of funds has been alleged for incomplete work or no work. Lastly, it has been submitted that petitioner has no criminal antecedents.

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On the other hand, learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the prayer for anticipatory bail of the petitioner. Learned counsel for

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Patna High Court CR. MISC. No.53796 of 2024(2) dt.28-08-2024 3/3

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the informant submits that the verification report submitted by the B.D.O. supports the allegation levelled against the petitioner.

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Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Jamhore P.S. Case No. 86 of 2024, he will be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-VII, Aurangabad, subject to condition as laid down under Section 438(2) of the Cr.P.C.

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(Khatim Reza, J)

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premchand/-

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U T

Birendra Ram @ Virendra Ram v. The State of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Birendra Ram @ Virendra Ram v. The State of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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