Balram Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.4604 of 2016 Arising Out of PS.Case No. -10 Year- 2013 Thana -JOKIHAT District- ARRARIA ====================================================== Balram Prasad son of Chedi Mandal, resident of village- Lalpatti, Police Station- Pipra, District- Supaul.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Mukesh Kumar Rana For the Opposite Party/s : Mr. Pranav Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 03-02-2016 Heard learned counsels for the petitioner and the State.
The petitioner being the Ex-Panchayat Secretary of Chainpur Masuria Gram Panchayat is apprehending his arrest in a case registered for the offences punishable under Sections 467, 468, 469, 420, 406 and 409/34 of the Indian Penal Code.
The prosecution case is that the petitioner being the Panchayat Secretary and the Panchayat Mukhiya withdrew Rs.5,17,000/- through different cheques for the execution of the Scheme Nos. 01/2009-10 and 02/2001-10 but
Patna High Court Cr.Misc. No.4604 of 2016 (2) dt.03-02-2016 2/3 the work was not come to end.
It is submitted by learned counsel for the petitioner that after three years of the execution of the scheme the FIR has been lodged with political vendetta and the Panchayat Mukhiya has been granted anticipatory bail on the ground when the Jansewak on the direction of the BDO inspected the place and found the work being done when the I.O. in collusion with the informant recorded that no work was done. Panchayat Mukhiya has been granted anticipatory bail vide Cr. Misc. No. 2770 of 2015 on 29.06.2015. Though, the petitioner is accused in two other cases but it is submitted that both the cases have been lodged by the same informant.
Considering the delayed lodging of the case, nature of irregularity alleged after three years of the execution of the scheme and similarly situated co-accused Sadique Alam, Panchayat Mukhiya has been granted anticipatory bail by a co-ordinate Bench of this Court, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-divisional Judicial
Patna High Court Cr.Misc. No.4604 of 2016 (2) dt.03-02-2016 3/3 Magistrate, Araria in connection with Jokihat (Mahalgaon) P.S. Case No. 10 of 2013, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J) DKS/- U T