Rajnath Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4395 of 2015 Arising Out of PS.Case No. -265 Year- 2014 Thana -BRAHMPUR District- BUXAR ======================================================

1. Rajnath Singh

2. Chandradeep Ram.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ravi Shanker Pankaj For the Opposite Party/s : Mr. Ahmad Ali(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03-02-2015 Heard learned counsels for the petitioners and the State. The petitioners being the Panchayat Secretaries are apprehending arrest in a case registered for the offences punishable under Sections 406, 409 and 420 of the Indian Penal Code.

It is alleged that the government fund with regard to purchase and fixation of solar light, to the tune of Rs. 30,74,000/- were misappropriated from 2008 to 2010 as the purchase was made from Tata B.P. company instead of BREDA or Beltron. It is submitted by learned counsel for the petitioner that the purchase was made between 2008 to 2010 for which the FIR was lodged in the year 2014 and both the petitioners have already retired. It is further submitted that there was no such direction at the relevant time for purchase of the solar lights from BREDA or

Patna High Court Cr.Misc. No.4395 of 2015 (2) dt.03-02-2015 2/2 Beltron and similarly situated accused Smt. Urmila Devi has been granted bail by this Court vide Cr. Misc. No. 1918 of 2015. Considering the aforesaid facts, 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 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Buxar in connection with Brahmpur P.S. Case No. 265 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C.

The bail bond of the petitioners will be accepted on filing affidavit by the petitioner before the learned court below to the effect that he will regularly co-operate during investigation. The said affidavit will be transmitted to the I.O., concerned. The non-co-operation of the petitioners in the investigation will give liberty to the learned court below to cancel the bail bonds of the petitioners.

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