Akhilesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25172 of 2015 Arising out of PS.Case No. -127 Year- 2013 Thana -BENA District- NALANDA (BIHARSHARIFF) ====================================================== Akhilesh Kumar (Panchayat Rojgar Sewak), S/o Sri Bijendra Prasad, resident of Village Nohsha, Police Station Ben, District Nalanda. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Anil Kumar Singh, Advocate. For the Opposite Party : Mr. Sanjay Kr.Tiwary 1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-09-2015 Heard learned counsel for the petitioner and learned counsel for the State The petitioner is languishing in custody since 24.02.2015 in connection with Ben P.S. Case No. 127 of 2013 for the offences instituted under Sections 406, 420, 467, 468 and 120(B) of the I.P.C.

The prosecution story, in brief, is that the petitioner is said to have misappropriated huge government money under the Manrega Scheme to the tune of Rs.1,90,59,867/- who happens to be the Panchayat Rojgar Sewak of three Gram Panchayats in connivance with the Mukhiyas of the aforesaid three Gram Panchayats having joint signatories of the cheques. After detection the petitioner had deposited only a sum of Rs. 7,50,000/- out of the

Patna High Court Cr.Misc. No.25172 of 2015 (4) dt.02-09-2015 2/2 aforesaid misappropriated amount.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 24.02.2015 and the charge sheet has been submitted in the present case. As per the prosecution case, the petitioner is the Panchayat Rojgar Sewak. It is further submitted that other co-accused have been granted bail by this Court vide Cr. Misc. Nos. 14301 of 2014 and 30644 of 2014. It is further submitted that the petitioner is ready to deposit an amount of Rs. 50,000/- in the court below which shall be subject to final disposal of the case.

On behalf of the State it has been submitted that the there is allegation of misappropriation of public fund against the petitioner.

Considering the aforesaid facts and circumstances it is directed that the petitioner shall deposit an amount of Rs. 50,000/- in the court below which shall be subject to final disposal of the case, 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 learned C.J.M., Nalanda at Biharshariff, in connection with Ben P.S. Case No. 127 of 2013.

U.K./- (Sudhir Singh, J) U T