Satya Narayan Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7819 of 2023 Arising Out of PS. Case No.-194 Year-2014 Thana- CHARPOKHARI District- Bhojpur ====================================================== SATYA NARAYAN RAI SON OF LATE RAGHUNATH RAI R/O VILLAGE- LOKAN TOLA, P.S.- PIRO, DISTRICT- BHOJPUR AT ARA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 18-05-2023 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Chakpokhri Police Station Case No. 194 of 2014, dated 13.10.2014, disclosing offences under Sections 409/420/ 468/34 of the Indian Penal Code.

The prosecution case, as per the First Information Report, is that the petitioner, along with the Mukhiya of various Gram Panchayats, misappropriated Government fund in the purchase of solar light between the period 2008 and 2013. Learned Counsel for the petitioner submits that the petitioner, at the relevant time, was Panchayat Secretary of Pasaur, Babubandh and Nallore Gram Panchayats and has, now, retired from the post of Panchayat Secretary. Referring to

Patna High Court CR. MISC. No.7819 of 2023(2) dt.18-05-2023 2/3 Annexure 2 series, he submits that similarly situated Panchayat Secretaries and Mukhiya, namely, Ram Nath Singh (vide order, dated 23.03.2015, passed in Criminal Misc. No. 11802 of 2015), Bimla Devi and Kedar Nath Mishra (vide order, dated 10.04.2015, passed in Criminal Misc. Nos. 50179 of 2014 and 12752 of 2015), Triyogi Prasad, Meena Devi, Keshav Singh, Tiljharo Devi, Ram Hulas Tiwari and Krishna Devi (vide order, dated 02.07.2015, passed in Criminal Misc. Nos. 19833, 21563 and 22301 of 2015), have been granted anticipatory bail by coordinate Benches of this Court. Regards being had to the submissions made on behalf of the parties and taking into consideration the fact that the petitioner has now retired and similarly situated co-accused persons have been granted anticipatory bail by this Court, I am inclined to grant the petitioner privilege of anticipatory bail. This application is, accordingly, allowed.

Let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Bhojpur, at Ara, in connection with

Patna High Court CR. MISC. No.7819 of 2023(2) dt.18-05-2023 3/3 Charpokhri Police Station Case No. 194 of 2014, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √