Amod Kumar @ Amod Kumar Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1980 of 2022 Arising Out of PS. Case No.-404 Year-2021 Thana- JOKIHAT District- Araria ====================================================== AMOD KUMAR @ AMOD KUMAR MANDAL Son of Shivanand Mandal Resident of Village - Khirdaha Ward No. 13, Police Station- Jokihat, District - Araria.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mukesh Kumar Rana, Adv For the Opposite Party/s :
Mr.Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 18-05-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.
Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in a case registered for the offence punishable under Sections 409,420,467,468/34 of the IPC.
Prosecution case as per FIR being written report of informant Md. Sikandar, then B.D.O., Jokihat bearing letter No.1146 dated 11.08.2021 annexed with copy of order of the D.D.C., Araria vide letter No.1272 dated 14.07.2021 briefly is that regarding complaint in connection with Pradhan Mantri
2/4 Rural Awas Yogna, an inquiry committed was constituted and after inquiry report of 9 beneficiaries, it transpires that the petitioner is found indulged in committing cheat and forgery and misappropriated the government money of 1,20,000/- in installment of 60,000/- & 60,000/- sanctioned in the name of beneficiary Rani Kumari daughter of Indranand Yadav PMAYG ID No.1411976 and likewise other co-accused have also found indulged in such forgery and misappropriation of the government money during inquiry.
Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent. He has falsely been implicated in the present case. He further submits that the petitioner is ready to deposit Rs.60,000/- in the account of PMAYG ID No.1411976. Petitioner is in custody since 24.09.2021.
Learned A.P.P. for the State has opposed the prayer for bail of the petitioner but fairly submits that if the petitioner has deposited Rs.60,000/- in the account of PMAYG ID No.1411976 and he has no objection in this regard. Considering the aforesaid facts, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount
3/4 each to the satisfaction of learned Court below where the case is pending in connection with Jokihat P.S. Case No.404 of 2021, with the following conditions:-
(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(3) The petitioner is directed to submit the deposit slip of Rs.60,000/-, which will be provided by the bank in the account of PMAYG ID No.1411976, at the time of furnishing bail bond before the learned court below.
And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of
4/4 verification.
(Rajesh Kumar Verma, J) Nitesh/- U T