Yogendra Choure v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.3216 of 2016 Arising Out of PS.Case No. -82 Year- 2014 Thana -PRANPUR District- KATIHAR ====================================================== Yogendra Choure, S/o Chhotelal Choure, R/o Village Imli tola, P.S. Mansahi, District Katihar.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sharda Nand Mishra,Advocate For the Opposite Party/s : Mr. Umeshlal Verma (APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 18-02-2016 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner, being the Mukhiya of Gram Panchayat, Sahja, is apprehending his arrest in connection with Pranpur P.S. Case No.82 of 2014 for allegedly having committed the offence under Sections 406, 420, 467 and 468 of the Indian Penal Code.
Case diary in the present case was called for, which has since been received.
Learned counsel for the petitioner submits that only because the petitioner is the Mukhiya of the village and a joint signatory for the financial cheques being issued with regard to the payment to be made to the beneficiaries of many schemes,
Patna High Court Cr.Misc. No.3216 of 2016 (3) dt.18-02-2016 2/3 that the petitioner's name has been brought in. It is submitted that an agreement was made by Ajay Saxena, Panchayat Rojgar Sewak and Programme Project Officer and the petitioner has nothing to do with the execution of the agreement. It is only after execution of the scheme of Panchayat, which is supervised by the Panchayat Rojgar Sewak himself, that the cheques are finally prepared under the joint signature of the petitioner and Ajay Saxena. It is submitted that Ajay Saxena has entered into an agreement for execution of the schemes of the Panchayat. It is further submitted that this petitioner has no role to play save and except endorsing the signature of Ajay Saxena so that the fund can be released in favour of the concerned programme. Learned counsel for the State, after perusal of the case diary, submits that, in fact, such projects are conducted in the manner as described by the petitioner.
Taking into view such facts and circumstances and also in view of the fact that the signatures on the cheques as made by the petitioner for release of fund are those which have been earlier ratified by the accused Ajay Saxena in the capacity as Panchayat Rojgar Sewak and that the petitioner has no criminal antecedent, let the petitioner, above named, in the
Patna High Court Cr.Misc. No.3216 of 2016 (3) dt.18-02-2016 3/3 event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bond of `10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Katihar, in connection with Pranpur P.S. Case No.82 of 2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Anjana Mishra, J) PNM U T