Mantosh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15813 of 2019 Arising Out of PS. Case No.-467 Year-2018 Thana- DINARA District- Rohtas ====================================================== Mantosh Kumar Singh Son of Late Bikrama Singh, Resident of VillageAmtha, Police Station-Shiosagar, District-Rohtas at Sasaram. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jitendra Kumar Roy For the Opposite Party/s :

Mr. Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-05-2019 This is an application for grant of anticipatory bail in connection with Dinara P.S. Case No. 467 of 2018, disclosing offences under Sections 409, 420, 467 and 468 of the Indian Penal Code.

Allegation against the petitioner, who happens to be the Panchayat Secretary, as per F.I.R. lodged by the Prakhand Vikas Padadhikari on the direction of the District Magistrate has got a sanction by the Gram Sabha for construction of road from the house of Jawahar Singh to the house of Gauri Shankar Singh and he has defalcated the money and further allegation is that one affidavit has been received by one person showing that he has not worked and not received any payment, but the same has been shown in his name.

Submission of learned counsel for the petitioner is

Patna High Court CR. MISC. No.15813 of 2019(4) dt.16-05-2019 2/2 that the petitioner has falsely been implicated in this case and the report of the Prakhand Vikas Padadhikari is on page 8 to 10 of the case diary which disclose there is minor variation and further the affidavit has been filed by a person, who has been alleged to have filed an affidavit that he did not work and the same has been shown but he has also denied to have filed any such petition before the authority.

Heard learned A.P.P. also.

Having heard both sides, considering the above submission, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Bikramganj, in connection with Dinara P.S. Case No. 467 of 2018, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure. (Vinod Kumar Sinha, J) Amjad/- U T