Shyamal Kishor Vidyarthi vs The State Of Bihar
2021 Latest Caselaw 292 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No.28065 of 2020
    Arising Out of PS. Case No.-40 Year-2020 Thana- CHAUTHAM District- Khagaria
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Shyamal Kishor Vidyarthi, aged about 38 years (Male), S/o Singheshwar Rajak Resident of Village- Rupni, P.S.- Chautham, District- Khagaria.

... ... Petitioner/s Versus The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s    :       Mr. Binod Kumar, Advocate
For the State           :       Mr. Md. Arif, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 22-01-2021

The matter has been heard via video conferencing.

2. Heard Mr. Binod Kumar, learned counsel for the

petitioner and Mr. Md. Arif, learned Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State.

3. The petitioner apprehends arrest in connection with

Chautham PS Case No. 40 of 2020 dated 06.02.2020, instituted

under Sections 406/409/420/34 of the Indian Penal Code.

4. The allegation against the petitioner is that on a

complaint made by two persons, upon enquiry, it was found that

the work done under the Panchayats in question, in the account

of the petitioner money was transferred by the Chairman and

Secretary of the Wards concerned without him having any role

in the matter.

Patna High Court CR. MISC. No.28065 of 2020 dt.22-01-2021

5. Learned counsel for the petitioner submitted that he

is a teacher and has no role in the entire episode. It was

submitted that the only lapse on his part was that the contractor

was getting payments made through him to various persons and

that is why the money was kept in his account. Learned counsel

submitted that the contractor purchased the cement through him

for completing the work and payments of such cement was

deposited in his account. It was submitted that the works in

question have also been completed.

6. Learned APP submitted that there is absolutely no

explanation with regard to why the money of the concerned

Wards was directly deposited into the account of the petitioner,

if he was nowhere connected with any of the works in question,

which clearly indicates that he was a middleman in the matter

for obvious reasons, which is proven by the records and also not

disputed by the petitioner. It was submitted that even if it is

assumed that the material was purchased by the contractor

through the petitioner, then also it was a matter between the

contractor and the petitioner and the amount should have been

paid to the petitioner through the contractor as the contractor

was the person who was to get the money, but the money being

transferred directly into the account of the petitioner leaves no Patna High Court CR. MISC. No.28065 of 2020 dt.22-01-2021

shade of doubt that it was totally illegal and the same was for

obvious considerations.

7. Having considered the facts and circumstances of

the case and submissions of learned counsel for the parties, the

Court is not inclined to grant pre-arrest bail to the petitioner.

8. Accordingly, the application stands dismissed.

9. However, if the petitioner surrenders before the

Court below and prays for bail within four weeks from today,

the same shall be considered on its own merits, in accordance

with law, without being prejudiced by the present order.

(Ahsanuddin Amanullah, J)

Anjani/-

AFR/NAFR U T