Patna High CourtCR. MISC./1994/2016disposed

Vijay Kumar v. The State Of Bihar

2016-02-03Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1994 of 2016 ======================================================

1. Vijay Kumar son of Ram Balak Paswan, Resident of Village- Bibipur, P.S.- Gaurichak, District- Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Lakshmi Kant Sharma For the Opposite Party/s : Mr. Sharda Kumari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03-02-2016 The present application has been filed for modification of the order dated 01.07.2015 passed in Cr. Misc. No. 25571 of 2015.

The prosecution case is that the petitioner being Panchayat Rojgar Sewak received certain amount for execution of two schemes but failed to execute the work. The petitioner was granted provisional anticipatory bail for six months in connection with Madhubani P.S. Case No. 10 of 2014 in a case registered for the offences punishable under Sections 406, 409, 420/34 of the Indian Penal Code. The provisional bail of the petitioner was to be confirmed by learned Court below if the authorities issued certificate that petitioner executed the work to the tune of money received by him.

It is submitted by learned counsel for the petitioner that the work could not be completed within the

Patna High Court Cr.Misc. No.1994 of 2016 (2) dt.03-02-2016 2/2 stipulated period of six months since permission to execute the work was granted on 16.11.2015 and the petitioner was transferred from Rahika block to Sukhi block but now he has been retransferred to Rahika block.

Considering the grounds taken in the modification application, the order dated 01.07.2015 passed in Cr. Misc. No. 25571 of 2015 is modified to the extent that the provisional bail of the petitioner will be confirmed by learned Court below if the authorities issue certificate that petitioner has executed the work to the tune of money received by him by 6th of May, 2016.

Accordingly the modification application is disposed of in connection with Madhubani P.S. Case No. 10 of 2014, pending in the Court of learned Chief Judicial Magistrate, Madhubani.

(Dinesh Kumar Singh, J) Shageer/- U T