Ghan Shyam Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20934 of 2015 Arising Out of PS.Case No. -29 Year- 2014 Thana -PALASI District- ARRARIA ======================================================

1. Ghan Shyam Singh. Son of Late Maheshwari Prasad Singh. Resident of Village - Sanoli More, Police Station - Purnia-Sadar, District - Purnia. .... .... Petitioner

Versus

1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Ranjit Kumar Singh For the Opposite Party : Mr. Nitya Nand Tiwary (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 24-06-2015 Heard learned counsels for the petitioner and the State.

Petitioner being the then Panchayat Secretary is apprehending his arrest in a case registered for the offences punishable under Sections 406, 409, 420, 467, 468, 471, 120B of the Indian Penal Code.

The prosecution case is that petitioner being Panchayat Secretary along with Panchayat Mukhiya of Dharamganj Panchayat withdrew Rs. 20,92,500/- sanctioned under BRGF scheme but during inspection of the Block Officer, Palasi the work under the scheme was not found done. It is submitted by learned counsel for the petitioner that petitioner retired in the year 2010 and the major work was done in the years 2010-11.

Moreover the responsibility of getting the work executed was of Panchayat Mukhiya who has been granted bail vide Cr. Misc. No. 5503 of

Patna High Court Cr.Misc. No.20934 of 2015 (2) dt.24-06-2015 2/2 2015 on the undertaking to deposit the entire defalcated amount of the scheme.

The petitioner undertakes to deposit Rs.

1,00,000/- before learned Court below within a period of four weeks, which will be invested in some fixed deposit scheme in connection with the present case which will be subject to the result of the case.

Considering the fact that petitioner retired in the year 2010 and undertaking to deposit Rs. 1,00,000/- within a period of four weeks before learned Court below, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory 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, Araria in connection with Palasi P.S. Case No. 29 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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