Rajendra Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10275 of 2020 Arising Out of PS. Case No.-261 Year-2019 Thana- CHANPATIA District- West Champaran ====================================================== RAJENDRA PANDIT Son of Ramanand Pandit Resident of Village - Chanpatiya Ward No. 14, P.S.- Chanpatiya, Distt - West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar No 7, Advocate For the State, :

Mr.Binod Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 30-06-2020 Heard Mr. Sanjay Kumar No. 7, learned counsel for the petitioner and Mr. Binod Kumar, learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioner apprehends arrest in connection with Chanpatiya P.S. Case No. 261 of 2019 registered for the offences punishable under Sections 420 and 409/34 of the Indian Penal Code, 1860.

The allegation against the petitioner is that the petitioner received a sum of Rs. 7,500/- under the Swachh Bharat Mission for construction of toilet and upon inquiry, it was found that he did not construct the toilet for which money was granted to him.

Patna High Court CR. MISC. No.10275 of 2020(3) dt.30-06-2020 2/3 Learned counsel for the petitioner submits that petitioner has not committed any offence in the manner alleged. Learned counsel referring to Annexure-2 to this anticipatory bail application submits that the Executive Officer, Nagar Panchayat, Chanpatiya, West Champaran, vide his letter dated 1084 dated 13.08.2019 has informed to the S.H.O. Chanpatiya Police Station stating therein that upon subsequent inquiry, it has been found that the petitioner has now constructed the toilet out of the amount received by him.

Having regard to the submissions made by the parties and taking into consideration the fact that petitioner has now constructed the toilet from the amount received by him, I am inclined to grant anticipatory bail to the petitioner.

Accordingly, in the event of arrest or surrender before the court below within six weeks from today, petitioner, above named, shall be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West

Patna High Court CR. MISC. No.10275 of 2020(3) dt.30-06-2020 3/3 Champaran, in connection with Chanpatiya P.S. Case No. 261 of 2019, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure. It is made clear that at the time of furnishing bails bonds all the parties shall follow the guidelines regarding lockdown and social distancing.

(Anil Kumar Sinha, J) S.Ali/- U T