Sudish Prasad Kushwaha @ Sudish KushwahaversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91357 of 2025
                  Arising Out of PS. Case No.-343 Year-2025 Thana- JOGAPATTI District- West Champaran
                 ======================================================
                 Sudish Prasad Kushwaha @ Sudish Kushwaha Son of Late Vishwakarma
                 Kushwaha @ Late Vishwakarma Mahto Village- Sirisiya (Sirsia), PS-
                 Yogapatti Distt- West Champaran
                                                                  ... ... Petitioner/s

                                                       Versus
                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Khushi Awadh, Adv.
                 For the Opposite Party/s :       Mr. Rabindra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

2   28-01-2026                  Heard the learned Advocate for the petitioner and the

                   learned Additional Public Prosecutor for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Yogapatti P.S. Case No. 343 of 2025, registered for the

                   offences punishable under Sections 316(2), 318(4) and 3(5) of

                   the Bharatiya Nyaya Sanhita, 2023.

                                3. Based upon the written report filed by one Santosh

                   Kumar, Assistant of Rural Housing in Barwa Ojha Panchayat,

                   an enquiry was conducted by the Director of Accounts

                   Administration & Planning, District Rural Development

                   Agency, Bettiah, West Champaran with regard to the complaint

                   of providing P.M. Awas Yojna, in which it is found that the

                   petitioner has extracted about Rupees 1.5 lakhs and deposited

                   the same on the PhonePe of co-accused Vijay Kumar
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          Kushwaha.

                       4. Learned Advocate for the petitioner submitted that

          prior to the institution of the FIR, the petitioner himself had

          made a complaint against Assistant of Rural Housing, namely,

          Santosh Kumar that he had realized money from the villagers

          illegally in the name of providing P.M. Awas , but by one reason

          or other, he is not providing the same. In fact, based upon the

          aforenoted complaint, the enquiry was conducted, however,

          during the course of enquiry, in order to give clean chit to

          Assistant of Rural Housing, the petitioner has been made

          accused in this case with an allegation that it is he, who

          extracted money and get it deposited in the PhonePe of co-

          accused Vijay Kumar Kushwaha. Even if the allegation is

          accepted for the sake of argument, it is Vijay Kumar Kushwaha,

          who has received the amount. The petitioner has always been

          raising voice against the irregularities in providing P.M. Awas

          Yojna and for the said reason, he has been made accused. The

          petitioner bears fair antecedent and in order to show his bona

          fide, he undertakes before this Court that he is ready to deposit

          Rs. 50,000/- in the Najarat, at the time of furnishing bail bond,

          subject to the final outcome of the criminal proceeding.

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

          petitioner has duped altogether fifteen villagers in the name of

          providing P.M. Awas Yojna and, as such, he does not deserve the

          privilege of anticipatory bail.

                       6. Having considered the submissions advanced by

          learned Advocate for the respective parties and taking note of

          the aforesaid fact, especially the fact that prior to the institution

          of the FIR, the petitioner had already filed an application before

          the District Magistrate, West Champaran, Bettiah regarding

          irregularities in providing P.M. Awas, which led to an enquiry,

          besides the fair antecedent of the petitioner and his undertaking

          that he will deposit an amount of Rs. 50,000/- in Najarat, at the

          time of furnishing bail bond, let the petitioner above named be

          released on bail, in the event of his 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.10,000/- (ten thousand) with two sureties of the like

          amount each to the satisfaction of the learned Judicial

          Magistrate First Class, West Champaran, Bettiah in connection

          with Yogapatti P.S. Case No. 343 of 2025, subject to the

          conditions laid down in Section 482(2) of the Bharatiya Nagrik

          Suraksha Sanhita, 2023 with the further condition that one of
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                      the bailors shall be the own/close family members of the

                      petitioner.



                                                  (Harish Kumar, J)
shivank/-

U      T