Nandkishore Chaudhary vs The State Of Bihar
2021 Latest Caselaw 3727 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  CRIMINAL MISCELLANEOUS No.34485 of 2020
     Arising Out of PS. Case No.-31 Year-2020 Thana- CHOUTARWA District- West Champaran
     ======================================================

1. Nandkishore Chaudhari (Male), aged about 51 years, son of Suryabali Chaudhari,

2. Shyambihari Chaudhari (Male), aged about 49 years, son of Styanarayan Chaudhari.

Both are resident of village- Mehadi, P.S.- Chautarava, District- West Champaran.

... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Ms. Usha Kumari, Advocate For the State : Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 27-07-2021

The matter has been heard via video conferencing.

2. Heard Ms. Usha Kumari, learned counsel for the

petitioners and Mr. Suresh Prasad Singh, learned Additional

Public Prosecutor (hereinafter referred to as the 'APP') for the

State.

3. The petitioners apprehend arrest in connection with

Chautarava PS Case No. 31 of 2020 dated 28.01.2020, instituted

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

4. The allegation against the petitioners is that in spite

of disbursement of heavy amount, the work which was to be

completed by the Ward Kriyanvayanan and Prabandh Samiti of

Wards No. 11, 13 and 14 in the district of West Champaran, had

not been completed by the petitioners, who are the Chairman Patna High Court CR. MISC. No.34485 of 2020 dt.27-07-2021

and the Secretary of the said Samiti, respectively.

5. Learned counsel for the petitioners submitted that

the work has been completed and, now, the allegation does not

subsist. Learned counsel submitted that they have no criminal

antecedent.

6. In view of the aforesaid, the Court, by order dated

25.06.2021, had asked learned APP to obtain a report from the

District Magistrate and Superintendent of Police, West

Champaran, with regard to whether the entire work for which

money was spent by the petitioners has been completed as per

the specifications and whether the same are in proper working

condition.

7. In terms thereof, learned APP submitted that a

counter affidavit has been filed on behalf of the District

Magistrate and Superintendent of Police, West Champaran

which has been affirmed by the Block Development Officer,

Bagaha-1, in which it has been stated that upon enquiry it has

been found that the works in question have been completed on

the ground and the beneficiaries are getting drinking water

regularly at their doors.

8. Having considered the facts and circumstances of

the case and submissions of learned counsel for the parties, in Patna High Court CR. MISC. No.34485 of 2020 dt.27-07-2021

the event of arrest or surrender before the Court below within

six weeks from today, the petitioners be released on bail upon

furnishing bail bonds of Rs. 25,000/- (twenty five thousand)

each with two sureties of the like amount each to the satisfaction

of the learned Additional Chief Judicial Magistrate, 1 st, Bagaha,

West Champaran, in Chautarava PS Case No. 31 of 2020,

subject to the conditions laid down in Section 438(2) of the

Code of Criminal Procedure, 1973 and further (i) that one of the

bailors shall be a close relative of the petitioners, (ii) that the

petitioners shall cooperate with the Court and the

police/prosecution. Failure to cooperate shall lead to

cancellation of their bail bonds.

9. It shall also be open for the prosecution to bring

any violation of the foregoing conditions of bail by the

petitioners, to the notice of the Court concerned, which shall

take immediate action on the same after giving opportunity of

hearing to the petitioner/s.

10. The petition stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J) J. Alam/-

AFR/NAFR U T