Sanjeev Singh @ Sanjeev Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12882 of 2022 Arising Out of PS. Case No.-284 Year-2021 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== KANCHAN DEVI W/o Dhanoj Ram R/o Village- Bare, P.S.- Bhabua, District- Kaimur at Bhabua ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 13772 of 2022 Arising Out of PS. Case No.-284 Year-2021 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== SANJEEV SINGH @ SANJEEV KUMAR Son of Late Bihari Singh @ Awadh Bihari Singh (Ward Secretary of Ward No.- 6), R/o village - Bare, P.S.- Bhabua, District - Kaimur at Bhabua ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 12882 of 2022) For the Petitioner/s :
Mr. Tribhuwan Narayan, Adv For the Opposite Party/s :
Mr. Parmeshwar Mehta, APP (In CRIMINAL MISCELLANEOUS No. 13772 of 2022) For the Petitioner/s :
Mr. Tribhuwan Narayan, Adv For the Opposite Party/s :
Mr. H.A. Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-08-2022 Heard learned counsel for the petitioners and learned APP for the State.
Learned counsel for the petitioners undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench.
Patna High Court CR. MISC. No.12882 of 2022(2) dt.04-08-2022 2/3 The petitioners apprehend their arrest in a case registered for the offence punishable under section 420, 406, 409/34 of the Indian Penal Code.
Allegedly, the local members including Mukhiya and the Panchayat Sachiv of the Dihri Panchayat misused their authority and executed the Government schemes in a arbitrary manner and withdraw the entire money alloted for the the execution of schemes without ensuring the completion of work thereby causing huge loss to the public exchequer. .
It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. Petitioner Kanchan Devi is the Mukhiya of the said Panchayat and petitioner Sanjeev Singh @ Sanjeev Kumar is the ward member of the Panchayat of village Bare. Similarly situated co-accused has been granted bail by this court vide order dated 07.07.2022 in Cr. Misc. No. 58995 of 2021. Petitioners have no criminal antecedent, which is also mentioned in para-3 of the bail applications. Learned APP for the State opposed the prayer for
Patna High Court CR. MISC. No.12882 of 2022(2) dt.04-08-2022 3/3 anticipatory bail.
Having regard to the facts and circumstances of the case, since similarly situated co-accused has been granted bail by this court, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in Bhabhua P.S. Case No. 284 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T