Sardar Hardayal Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44582 of 2016 Arising Out of PS. Case No.-18 Year-2016 Thana- KASHICHAK District- Nawada ====================================================== Dinesh Kumar Sinha son of Late Nageshwar Prasad Resident of MohallaNaveen Nagar, Nawadah, P.S.- Nawadah Town, District-Nawadah ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with Criminal Miscellaneous No. 39326 of 2017 Arising Out of PS. Case No.-18 Year-2016 Thana- KASHICHAK District- Nawada ====================================================== Sardar Hardayal Singh, Son of Late Guru Narain Singh, Resident of Jani Bazar, Sasaram, P.S.: Sasaram (Town), District- Rohtas, at present posted as A.R.C.S. Weavers, P.S. Patna City, Gulzarbagh, Patna- 800007 (Bihar). ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

(In Criminal Miscellaneous No. 44582 of 2016) For the Petitioner/s :

Mr. Arun Kumar For the Opposite Party/s :

Sri Manoj Kumar - 1 (In Criminal Miscellaneous No. 39326 of 2017) For the Petitioner/s :

Mr. Sada Nand Roy For the Opposite Party/s :

Mr. Yogendra Kr. Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 01-11-2017 Heard learned counsels for the petitioners and the State. Petitioners apprehend arrest in connection with Kashichak P.S. case No. 18 of 2016 registered for the offence punishable under sections 406, 420, 467, 468, 471 of the Indian Penal Code.

Learned counsel appearing for the petitioners submits that

Patna High Court Cr.Misc. No.44582 of 2016(5) dt.01-11-2017 2/3 petitioner in Cr. Misc. No. 44582 of 2016 was posted as Head Clerk in the office of District Establishment Branch, Collectorate, Nawada and he was deputed in Kashichak Block on 14.11.2012. He was repatriated to the Collectorate on 27.06.2013, and as such, he remained at Kashichak Block for only 7 months, whereas the allegations are for the years 2004-05 to 2014-15. He is not named in the first information report and he has been made accused in this case without any specific allegation. Petitioner has retired from service. So far as petitioner in Cr. Misc. No. 39326 of 2017, learned counsel submits that he is not named in the first information report nor anything specific has been alleged against him.

He being the Block Development Officer was required to only verify the application and the documents including the affidavit attached with the application. He had absolutely no role in preparing the list of beneficiaries. Accounts Clerk was authorized to enquire about the genuineness of the beneficiaries. It is further submitted that both the petitioners are man of clean antecedent.

Patna High Court Cr.Misc. No.44582 of 2016(5) dt.01-11-2017 3/3 furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Nawada in connection with Kashichak P.S. Case No. 18 of 2016 subject to the conditions laid down under section 438(2) Cr.P.C.

(Arvind Srivastava, J) mcv/- U T