Satish Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.7975 of 2019 Arising Out of PS. Case No.-33 Year-2018 Thana- NARAINPUR District- Bhojpur ====================================================== Satish Kumar Singh, aged about 55 years (Male), Son of Late Prakash Narayan Singh, Resident of Village - Dhandiha, P.S.-Koilwar, DistrictBhojpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Uday Kumar For the Opposite Party/s :
Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 13-02-2019 Heard learned counsels for the petitioner and the State.
The petitioner, being the Panchayat Secretary of Poswan Panchayat is apprehending arrest in a case registered for the offences punishable under Sections 406, 420, 467 and 468 of the IPC.
The prosecution case, as per the written report of Block Development Officer, Agiaon Block, 13.04.2018, submitted to the Station House Officer, Narayanpur Police Station, is to the effect that in pursuance to the direction of the District Magistrate, Bhojpur, since the work in the different schemes, has not been done as per the norms, the FIR was registered against Ex-Mukhiya, Kiran Kumari. Name of the petitioner
Patna High Court Cr.Misc. No.7975 of 2019(2) dt.13-02-2019 2/3 sprang up during investigation.
It is submitted by learned counsel for the petitioner that an enquiry was conducted by the Sub-Divisional Officer, Sadar, Ara with regard to execution of different schemes, which is the part of the FIR, which suggests that the work was done but it was not found satisfactory, and the reason behind this, is that for the work done in the year 2013-14, the measurement was made in the year 2017 and considering the aforesaid fact, the FIR named co-accused, Kiran Kumari has been granted privilege of anticipatory bail by a co-ordinate Bench of this Court, vide order dated 13.08.2018, passed in Cr. Misc. No. 46834 of 2018. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent. Learned APP submits that the name of the petitioner sprang up during investigation.
Considering the fact that the FIR suggests the execution of work and similarly situated co-accused has been granted bail by a co-ordinate Bench of this Court, coupled with the statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period
Patna High Court Cr.Misc. No.7975 of 2019(2) dt.13-02-2019 3/3 of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned ACJM-VI, Ara, Bhojpur in connection with Narayanpur P.S. Case No. 33 of 2018, subject to the condition as laid down under Section 438(2) of the Cr. P.C.
(Dinesh Kumar Singh, J) Amrendra/- U T