Vishambhar Yadav @ Bishambhar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4396 of 2019 Arising Out of PS. Case No.-175 Year-2018 Thana- FATEHPUR District- Gaya ====================================================== Vishambhar Yadav @ Bishambhar Yadav Late Dhanu Yadav Resident of Village - Dumrichatti,P.S.-FATEHPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun Kumar, Advocate For the Opposite Party/s :

Mr.Upendra Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-03-2019 Heard the parties.

The petitioner seeks anticipatory bail in connection with Fatehpur P.S.Case No. 175 of 2018, registered for offences punishable under Sections 406, 409, 420, 467 and 468/34 of the Indian Penal Code.

As per F.I.R., allegation against the petitioner is that on the complaint, filed by public to Lokayukt, District Magistrate about the inquiry, which was conducted on the petitioner, who was the then Mukhiya and Secretary to Dumarichatti Gram Panchayat and it was found that the petitioner in collusion with the Secretary, create fake pension papers by exceeding the age and further demanding the money from the pension holders and also the allegation of collecting money from the private person of Dumrichatti market and also

Patna High Court CR. MISC. No.4396 of 2019(3) dt.11-03-2019 2/3 of donating the land in order to alleged benefit of his family members.

Submission of the learned counsel for the petitioner is that he is aged about 84 years and he was the then Mukhiya of concerned Gram Panchayat till 2006 and so far preparation of pension papers is concerned, i.e. not under the work of Mukhiya but concerned with the Panchayat Secretary and B.D.O. and so far allegation of taking money of the Pension holders and from the private persons of Gram Panchayat Dumrichatti. So far allegation of taking money of the pension holders and from the private person in Gram Panchayat Dumrichatti, and the petitioner has falsely been implicated in this case without any cogent materials, available on record. Learned A.P.P. opposes the prayer for bail.

Having heard both sides and considering the age of the petitioner, above named, in the event of his arrest or surrender, be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty five thousand) with two sureties of the like amount each in connection with Fatehpur P.S.Case No. 175 of 2018, to the satisfaction of learned Additional Chief Judicial Magistrate- X, Gaya, subject to the conditions as laid down under Section 438 (2) of Cr.P.C. with condition that one of the

Patna High Court CR. MISC. No.4396 of 2019(3) dt.11-03-2019 3/3 bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(Vinod Kumar Sinha, J) sudha/- U T