Akhilesh Gond Vs The State of Bihar — Cheating and Forgery | Patna HC (2025)

Akhilesh Gond Vs The State of Bihar — Cheating and Forgery | Patna HC (2025)

What the court decided

AI extract

Outcome

Release on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned District and Additional Sessions Judge-III, Buxar/concerned Court, subject to the conditions mentioned under Section 437(3) of the Cr.P.C./Section 480(3) of BNSS.

Issue for consideration

Whether the petitioner, accused in Buxar Industrial Area P.S. Case No. 124/2019 registered under Sections 420, 406, 409, 34 and 120(B) of the Indian Penal Code, should be released on bail.

Court's answer

Regular bail granted: the petitioner is directed to be released on bail in connection with Buxar Industrial Area P.S. Case No. 124/2019 on furnishing a bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of the learned District and Additional Sessions Judge-III, Buxar/concerned Court, subject to the conditions under Section 437(3) of the Cr.P.C./Section 480(3) of BNSS.

Ratio / Principle

Basis of the bail decision, as stated by this Court: the measurement books for the work done in all the schemes were duly verified by the Junior Engineer, the investigation is already completed (charge-sheet submitted), the petitioner has been in custody since 17.03.2025 and is a man of clean antecedent.

Detailed headnote1 paragraphs

Patna High Court (Chandra Shekhar Jha, J.), oral order dated 01-11-2025 in Cr. Misc. No. 37714 of 2025 arising out of Buxar Industrial Area P.S. Case No. 124/2019: regular bail GRANTED to petitioner Akhilesh Gond, arraigned under Sections 420, 406, 409, 34 and 120(B) of the Indian Penal Code for the alleged defalcation of government amount allotted under the 7th Schemes of the Government of Bihar. The petitioner was not named in the F.I.R., had been in custody since 17.03.2025, and the investigation was already complete with the charge-sheet submitted. Granting bail, the Court took note that the measurement books for the work done in all the schemes had been duly verified by the Junior Engineer and that the petitioner was a man of clean antecedent. Release ordered on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each before the learned District and Additional Sessions Judge-III, Buxar/concerned Court, subject to the conditions under Section 437(3) of the Cr.P.C./Section 480(3) of BNSS.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.37714 of 2025

Arising Out of PS. Case No.-124 Year-2019 Thana- BUXAR INDUSTRIAL District- Buxar

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

Akhilesh Gond S/o Rajgrihi Gond R/o vill - Hitan Parari, P.S.- Buxar Industrial Area, Distt.- Buxar. ... ... Petitioner/s

Versus The State of Bihar. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Sunil Kumar, Advocate For the Opposite Party/s : Mr.Harendra Prasad, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER

3 01-11-2025

Heard learned counsel appearing on behalf of the

petitioner and learned APP appearing on behalf of the State.

The petitioner seeks bail in connection with Buxar

Industrial Area P.S. Case No. 124/2019, registered for the offence under Sections 420, 406, 409, 34, 120(B) of the Indian Penal Code.

The accused/petitioner is not named in the F.I.R. and is in custody since 17.03.2025.

The allegation against the petitioner is to defalcate the government amount, which was allotted under 7^th Schemes of the Government of Bihar.

Learned counsel appearing on behalf of the petitioner

submitted that the measurement book for the work done in all the schemes have been duly verified by the Junior Engineer but on a wrong and misstatement of the fact, the present FIR has been

Patna High Court CR. MISC. No.37714 of 2025(3) dt.01-11-2025 2/3

lodged. It is submitted that other named co-accused persons deposited the amount in issue. It is further submitted by learned counsel that the petitioner was the ward member of Ward No. 13 of Gram Panchayat, Khutaha, District- Buxar, in year 2013, the year in which the scheme was launched, and for said simple reason, he was implicated with present case. While concluding the argument, it is submitted that investigation of this case is already completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence and, moreover, considering the aforesaid factual aspects, the several named coaccused persons, namely, Dharmendra Kumar Singh, Meer Ibnul Hussain, Bhim Kumar Sah and Rasila Devi were granted anticipatory bail by one of the learned co-ordinate Bench of this Court through Cr. Misc. No. 28195 of 2021, Cr. Misc. No. 19775 of 2021 and Cr. Misc. No. 24652 of 2021 dated 18.04.2022. Petitioner claimed clean antecedent.

Learned APP opposed the prayer of bail.

Considering the aforesaid factual submissions and by

taking note of fact as the measurement book for the work done in the all schemes have been duly verified by the Junior Engineer, coupled with the fact that investigation of this case is already completed, where petitioner remains in custody since 17.03.2025,

Patna High Court CR. MISC. No.37714 of 2025(3) dt.01-11-2025 3/3

being a man of clean antecedent, accordingly, petitioner above named, is directed to be released on bail in connection with Buxar Industrial Area P.S. Case No. 124/2019 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned District and Additional Sessions Judge-III, Buxar/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C./Section 480(3) of BNSS.

(Chandra Shekhar Jha, J)

veena/-

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