Kapildeo Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8228 of 2016 Arising Out of PS.Case No. -274 Year- 2015 Thana -KHAIRA District- JAMUI ====================================================== Kapildeo Singh, Son of Rijh Narayan Singh, resident of village - Jhundo, P.S. Khaira, District - Jamui .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Kumar, Advocate For the Opposite Party/s : Mr. Rajendra Singh Shastri, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 25-02-2016 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner, who is a Panchayat Secretary of Gram Panchayat Raj Kageshwar, Block Khaira, District Jamui, apprehends arrest in connection with Khaira P.S. Case No. 274/15 for offences alleged under Sections 409, 420, 120-B of the Indian Penal Code.

Complaint Case No. 267C/14 was lodged by the complainant Biresh Ram, who claims to be a social worker, has been lodged for defalcation of Rs. 3,90,600/- sanctioned for construction of Samudaik Bhawan under BRGP Scheme. The allegation is that the petitioner who is Panchayat Sachiv along with Mukhiya has embezzled the aforesaid amount.

Patna High Court Cr.Misc. No.8228 of 2016 (2) dt.25-02-2016 2/2 Learned counsel for the petitioner submits that the petitioner is a public official and had all along submitted the details of expenses incurred in construction work and maintained proper books of account and the informant being a rank outsider cannot implicate the petitioner in the aforesaid case. Learned counsel for the petitioner further submits that petitioner has clean antecedent, as is evident from paragraph 3 of this petition. Learned APP for the State, however, submits that the petitioner is named in the First Information Report and opposes the prayer for bail.

Be that as it may, since the allegation against the petitioner has not been alleged by any Government authorities, let petitioner, above named, in the event of his arrest or surrender before the court below within a period of eight weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jamui, in connection with Khaira P.S. Case No. 274/15, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Nilu Agrawal, J.) Rajesh/- U T