Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9076 of 2020 Arising Out of PS. Case No.-263 Year-2018 Thana- WAJIRGANJ District- Gaya ====================================================== RAHUL KUMAR S/o Late Mahadeo Sharma Resident of Mohalla-Magadh Colony Road No.18, P.S.-Chandauti, District-Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar For the Opposite Party/s :

Mr.Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-03-2020 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Wajirganj PS case no. 263 of 2018 registered for the offences punishable under Sections 406, 420 of Indian Penal Code. The allegation is regarding the accused persons having given benefits twice to the beneficiaries pertaining to Indira Awas Scheme.

The learned counsel for the petitioner has submitted that the petitioner is Gramin Awas Assistant at Waziganj and from the guidelines of Indira Awas Scheme, it is manifest that the Assistant has got no role in allotment of Indira Awas money to the beneficiaries and infact, the informant himself is responsible to perform and allot the funds under the said scheme to the beneficiaries. It is further submitted that similarly situated co-accused person, who is the

Patna High Court CR. MISC. No.9076 of 2020(2) dt.04-03-2020 2/2 Supervisor of the said Block Officer at Wazirganj, has already been granted privilege of anticipatory bail by a co-ordinate Bench of this Court vide order dated 10.01.2019, passed in Cr. Misc. no. 77349 of 2018. Lastly, it is submitted that the petitioner is having a clean antecedent.

Having regard to the facts and circumstances of the case and considering submissions made by the learned counsel for the parties, I deem it fit and appropriate to admit the petitioner to the privilege of anticipatory bail. Accordingly, the abovenamed petitioner, in the event of his arrest or surrender before the learned court below within a period of six weeks from the date of receipt/ production of a copy of this order, is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-1st, Gaya in connection with Wazirganj PS case no. 263 of 2018 subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure. (Mohit Kumar Shah, J) rinkee/- U T