Chandra Bihari Lal v. The State Of Bihar, Through Economic Offence Unit, Bihar, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23664 of 2017 Arising Out of PS.Case No. -1 Year- 2012 Thana -ECONOMIC OFFENCE District- DARBHANGA ====================================================== Chandra Bihari Lal S/o Late Chitra Narayan Lal, Resident of VillageRatanpur, P.S. Kamtaul, District Darbhanga. .... .... Petitioner

Versus

The State of Bihar, through Economic Offence Unit, Bihar, Patna. .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. D.K.Sinha, Advocate. For the Opposite Party/s : Ms Soni Shrivastava (E.O. U.) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-05-2017 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the Economic Offence Unit, Bihar, Patna.

The petitioner seeks bail in a case instituted under Sections 406, 409, 420, 465, 468, 471 and 120(B) of the Indian Penal Code and Section 13(2) read with section 13(1) (d) of the Prevention of Act.

There is allegation that during the period from 2006-07 to 2010-11, the petitioner along with other co-accused had entered into the conspiracy with other accused persons and defalcated the amount of Rs. 2 crore by making some irregularities in the Indira Awas Yojna Scheme.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 27.04.2017. The petitioner has got no

Patna High Court Cr.Misc. No.23664 of 2017 (4) dt.24-05-2017 2/2 criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. It is submitted that the petitioner at the relevant time was an Assistant and not a Panchayat Sevak and he hardly had any role in the alleged offence. He was not a disbursing officer nor he had issued any of the cheques to any of the beneficiaries. He has been made accused due to mistake of fact. The other co-accused have been granted anticipatory bail vide Annexure-3 series to the present application. On behalf of the state and the counsel for Economic Offences Unit, it has been submitted that the petitioner is named in the F.I.R. but she concedes the fact that the other co-accused have been granted anticipatory bail.

Considering the aforesaid facts and circumstances, 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 each to the satisfaction of the Special Judge, Vigilance, North Bihar, Muzaffarpur, in connection with Special Case No.02 of 2017, arising out of Economic Offence P.S. Case No. 01 of 2012.

(Sudhir Singh, J) Amit/- U T