Vijay Ravidas v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9505 of 2020 Arising Out of PS. Case No.-71 Year-2012 Thana- PARAIYA District- Gaya ====================================================== VIJAY RAVIDAS S/o Ram Krit Ram Resident of Village- Solara, P.S.- Paraiya, Distt- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Prasad Singh, Sr. Adv.

Mr.Bhaskar Shankar For the Opposite Party/s :

Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 03-03-2020 Heard learned Senior Counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Paraiya Police Station Case No. 71 of 2012, disclosing offences under Sections 406/34 of the Indian Penal Code. The allegation against the petitioner, as per the First Information Report, is that the petitioner is the Secretary of a group of beneficiary under Million Well Scheme, for which a sum of Rs. 39,500/- was given as advance to the Chairman and Secretary of the said group for construction of a pump house under the Scheme, but the work has not been completed and the money has been misappropriated by the petitioner and other. Learned Senior Counsel for the petitioner submits that

Patna High Court CR. MISC. No.9505 of 2020(2) dt.03-03-2020 2/3 from perusal of the First Information Report, it would be evident that the petitioner is the Secretary of the group and the Chairman of the said group has been granted regular bail by this Court by order dated 16.12.2019 upon deposit of the advance amount of Rs. 39,500/-. He, referring to the order passed, by a co-ordinate Bench of this Court, in Criminal Misc. Nos. 83738 and 85446 of 2019, submits that similarly situated Chairman and Secretary of another group have been granted anticipatory bail upon deposit of the advance money by them. He, thus, submits that the advance amount of Rs. 39,500/- has been deposited by the Chairman of the petitioner's group. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that the advance amount in question has already been deposited by the Chairman of the petitioner's group, of which the petitioner is the Secretary, I am inclined to grant the petitioner privilege of anticipatory bail.

This application is, accordingly, allowed.

Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.9505 of 2020(2) dt.03-03-2020 3/3 satisfaction of learned Additional Chief Judicial Magistrate-III, Gaya, in connection with Paraiya Police Station Case No. 71 of 2012, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √