Petitioners released on bail upon furnishing bail bonds after being arrested under Sections 406, 420/34IPC: High court of Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.344820 Arising Out of PS. Case No. 31 Year 2020 Thana CHOUTARWA District West Champaran 1. Nandkishore Chaudhari aged about 51 years son of Suryabali Shyambihari Chaudhariaged about 49 years son of Styanarayan Both are resident of village Mehadi P.S. Chautarava District West The State of Bihar ... Petitioner s ... Opposite Party s For the Petitioner s For the State CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH Ms. Usha Kumari Advocate Mr. Suresh Prasad Singh APP 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 Prosecutorfor the 3. The petitioners apprehend arrest in connection with Chautarava PS Case No. 320 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.344820 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 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 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.344820 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 of the Code of Criminal Procedure 1973 and furtherthat one of the bailors shall be a close relative of the petitioners 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 (Ahsanuddin Amanullah J J. Alam 

Summary: The petitioner was arrested under Section 406 Indian Penal Code, “Punishment for criminal breach of trust”, section 420, “Cheating and dishonestly inducing delivery of property”, section 34IPC, “ Acts done by several persons in furtherance of common intention.” This case is in connection with Chautarava PS Case No. 31 of 2020 dated 28.01.2020 This judgment was given in the high court of Judicature at Patna on the 27th of July 2021 by the Honorable Mr. Justice Ahsanuddin Amanullah in the case of Nandkishore Chaudhari and others v/s. The State of Bihar Criminal miscellaneous No.34485 of 2020, Ms. Usha Kumari, represented as the advocate for the petitioner, and Mr. Suresh Prasad Singh, represented the state of Bihar as the additional Public Prosecutor. The proceedings of the court were held through video conference. The following are the facts of the case, The petitioner who was the chairman and secretary of the Samiti was accused of incompletion of work, there was an allegation against the petitioner that in spite of disbursement of heavy work the work which was to be completed by the Ward Kriyanvayanan and Prabandh Samiti in the district of West Champaran, had not been completed by the petitioners According to the counsel for the petitioners, he submitted that the work has now been completed and such allegations against the petitioner are false and he also held that the petitioners have no criminal antecedent. The court in its previous order directed the additional public prosecutor to obtain a report from the District Magistrate and Superintendent of Police in west Champaran regarding the work and its completion and working condition. The Additional Public Prosecutor held that on behalf of the District Magistrate and Superintendent of Police in west Champaran that it has been affirmed by the block development officer who stated that after investigation, they claimed that the work has been completed and the beneficiaries are supplied drinking water regularly. Therefore, the court held that after considering the facts of the case they decided that the petitioners will 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, subject to the conditions laid down in Section 438(2) Cr.P.C., 1973 “(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.” If the petitioners’ Failure to cooperate it shall lead to cancellation of their bail bonds. The court concluded that “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 the opportunity of hearing to the petitioner/s. The petition stands disposed of in the aforementioned terms.”