Ramdulari Devi Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Ramdulari Devi Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Pre-arrest (anticipatory) bail: petitioners to be released on bail in the event of arrest or surrender before the Court below within four weeks of receipt/production of the order copy, upon bail bonds of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Muzaffarpur (East), subject to the conditions in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023, with the further condition that one bailor be an own/close family member of the petitioner.

Issue for consideration

Whether the petitioners, apprehending arrest in Gaighat P.S. Case No. 392 of 2023 for offences under Sections 409, 420 and 34 of the Indian Penal Code (alleged irregularities in work under the Chief Minister's 7th Resolution Plan), are entitled to be released on anticipatory bail.

Court's answer

Having regard to the submissions, the materials on record, specially the measurement book and the material suggesting the water tank has been constructed, and additionally on parity with the anticipatory bail granted in Criminal Miscellaneous No. 19166 of 2025, the Court directed that the petitioners be released on bail in the event of their arrest or surrender before the Court below within four weeks of receipt/production of a copy of the order.

Ratio / Principle

The bail is conditioned on furnishing bail bonds of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Muzaffarpur (East) in connection with Gaighat P.S. Case No. 392 of 2023, subject to the conditions in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023, and with the further condition that one of the bailors shall be an own/close family member of the petitioner.

Detailed headnote1 paragraphs

Anticipatory bail — Patna High Court (Harish Kumar, J), oral order dated 14-05-2025 in Criminal Miscellaneous No.17760 of 2025, allowed pre-arrest bail to two petitioners (Ward Member and Ward Secretary of Ward No. 9) apprehending arrest in Gaighat P.S. Case No. 392 of 2023, registered under Sections 409, 420 and 34 of the Indian Penal Code over alleged failure to complete work under the Chief Minister's 7th Resolution Plan despite authorization, with inspection revealing irregularities. Considering the measurement book, material suggesting the water tank had been constructed, and parity with the anticipatory bail granted by a Bench of the same Court in Criminal Miscellaneous No. 19166 of 2025 (order dated 23.04.2025) in an identical complaint concerning Ward No. 5, the petitioners were directed to be released on bail upon arrest or surrender within four weeks, on bail bonds of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Muzaffarpur (East), subject to the conditions of Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023, with the additional condition that one bailor be an own/close family member of the petitioner.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.17760 of 2025

Arising Out of PS. Case No.-392 Year-2023 Thana- GAIGHAT District- Muzaffarpur

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

Ramdulari Devi, W/o Shivchandra Sah, R/o Village- Jaata Dih, P.S- Gaighat, District- Mizaffarpur

Sunil Kumar @ Sunil Sah, S/o Muneshwar Sah, R/o Village- Jaata Dih, P.SGaighat, District- Mizaffarpur

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Amit Kumar Jha, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Sharma, Advocate ======================================================

CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER

3 14-05-2025

Heard learned Advocate appearing on behalf of the petitioners and the learned Additional Public Prosecutor for the State.

The petitioners apprehend their arrest in connection with Gaighat P.S. Case No. 392 of 2023, registered for the offences punishable under Sections 409, 420 and 34 of the Indian Penal Code.

Based upon the written report the prosecution alleges that the petitioners being Ward Member and Ward Secretary of Ward No. 9 have been authorized to execute the work under the Chief Minister’s 7^th Resolution Plan, but the petitioners did not get the work completed and during the

Patna High Court CR. MISC. No.17760 of 2025(3) dt.14-05-2025 2/3

inspection several irregularities were found, leading to institution of the FIR.

Learned Advocate appearing on behalf of the petitioners contended that the FIR is not based upon the technical report, inasmuch as, the work was found to be completed and in fact out of Rs. 17,76,060/- which was credited to the account of Panchayat Samiti, Rs. 16,75,200/- was withdrawn after proper verification of measurement book and the rest amount is lying in the bank account. It is the contention of the petitioners that since there was no land available in the Ward, hence the petitioner no. 2 has offered his own land and thereafter water tank was constructed over it. It is further contended that faced with the identical complaint, the Ward Member and Ward Secretary of Ward No. 5 have moved before this Court in Criminal Miscellaneous No. 19166 of 2025 and a Bench of this Court taking note of the aforesaid fact has accorded the privilege of anticipatory bail vide order dated 23.04.2025, the copy of which has been placed on record. The petitioners bear fair antecedent.

On the other hand, learned Advocate for the State opposed the pre-arrest bail application.

Regard being had to the submissions made on

Patna High Court CR. MISC. No.17760 of 2025(3) dt.14-05-2025 3/3

behalf of the parties and considering the materials available on record, specially the measurement book and the material which suggest that the water tank has been constructed, apart from the case of the petitioners, based on parity, let the petitioners above named be released on bail, in the event of their arrest or surrender before the Court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1^st Class, Muzaffarpur (East) in connection with Gaighat P.S. Case No. 392 of 2023, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close family members of the petitioner.

(Harish Kumar, J)

supratim/-

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