Vishwanath Paswan v. The State Of Bihar
Patna High Court Cr.Misc. No.30421 of 2014 (2) dt.21-01-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.30421 of 2014 Arising Out of PS.Case No. -12 Year- 2014 Thana -CHHATAPUR District- SUPAUL ======================================================
1. Vishwanath Paswan S/o Late Sundar Paswan R/o vill.- Matiyari, P.S.- Baluwa Bazar, Dist.- Supaul.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shandipan For the Opposite Party/s : Mr. M.Dayal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 21-01-2015 Heard learned counsel for the petitioner and learned counsel representing the State.
Petitioner apprehends his arrest in connection with Chhatapur P.S. Case No. 12 of 2014 registered for the offences punishable under Sections 406, 420/34 of the Indian Penal Code. Allegedly, the petitioner being the Sarpanch of Gram Panchayat was the member of Panchayat Anushrawan Samiti and names of ineligible persons were recommended for getting compensation for the damage of house. It is submitted that in this case the petitioner has falsely been implicated as he was never the member of Panchayat Anushrawan or Nigrani Samiti. He has not signed anywhere. During inquiry also name of the petitioner has not come and
Patna High Court Cr.Misc. No.30421 of 2014 (2) dt.21-01-2015 further under the Right to Information Act an information was sought wherein it has been reported that Sarpanch is not the member of Panchayat Anushrawan or Nigrani Samiti. In the facts and circumstances stated above and considering the fact that the petitioner being the Sarpanch has been implicated, and as such, the petitioner above named, in case of his surrender or arrest within two months from the date of receipt/production of a copy of this order, shall be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Supaul in connection with Chhatapupr P.S. Case No. 12 of 2014, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Jitendra Mohan Sharma, J) avin/- U T