Patna High CourtCR. MISC./21293/2024bail granted

Avinash Kumar v. The State Of Bihar

2024-06-28Mr. Justice Chandra Prakash Singh4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1224 of 2024 Arising Out of PS. Case No.-466 Year-2023 Thana- SAHPUR District- Bhojpur ====================================================== Sanjay Kumar @ Sanjay Kumar Singh S/O Sri Suresh Singh Village- Awas Sahayak Panchayat Semariya At Present Posted In Arrah Block, Permanent R/O Village- Yadopur, Ps. Tiyar, Dist. Bhojpur. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 21293 of 2024 Arising Out of PS. Case No.-466 Year-2023 Thana- SAHPUR District- Bhojpur ====================================================== AVINASH KUMAR S/O- CHANDESWAR RAM R/O- MOHALLAMAULABAG, P.S.- ARA TOWN, DIST.- BHOJPUR. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

(In CRIMINAL MISCELLANEOUS No. 1224 of 2024) For the Petitioner/s :

Mr.Ashok Kumar Singh For the Opposite Party/s :

Mr.Uday Pratap Singh (In CRIMINAL MISCELLANEOUS No. 21293 of 2024) For the Petitioner/s :

Mr.Akash Kumar Mishra For the Opposite Party/s :

Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 28-06-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in a case in connection with Shahpur P.S. Case No. 466 of 2023 dated 08.10.2023 registered for the offences punishable u/ss

2/4 420, 467, 468, 471, 120B of the Indian Penal Code.

3. As per the prosecution case, as per the report of the D.C.L.R. Jagdishpur, the names of the beneficiaries of the Pradhan Mantri Awas Yojna of Gram Panchayat Bariswan and Semariya who have been recommended their names were deleted by Gram Sabha by showing wrong reasons. The meeting of Gram Sabha was called by the Mukhiya and the Panchayat Secretary of Gram Panchayat and the proceedings of the said meeting was recorded by the Panchayat Secretary in their register. For deleting the names of eligible beneficiaries on wrong facts, the F.I.R. was ordered to be instituted against the Mukhiya of Semaria and Bariswan and the then Panchayat Secretary and Awas Sahayak. It is further alleged that the petitioners are Gramin Awas Sahayak of Semaria Gram Panchayat.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. It is further submitted that the petitioners are Gramin Awas Sahayak of Semariya Gram Panchayat. Learned counsel has further submitted that the Awas Sahayak, Tej Narayan Kumar is the government representative and responsible for uploading the list. Learned counsel has further

3/4 submitted that on the basis of the complaint made by the petitioners, the inquiry was initiated against Awas Sahayak, Tej Narayan Kumar who was found guilty in the aforesaid inquiry and a departmental inquiry was initiated against him. It is further submitted that the petitioners have not embezzled any government fund or committed any financial irregularities and the petitioners have no concern with the alleged offence. Similarly situated co-accused person has already been granted anticipatory bail by this Court vide order dated 22.02.2024 passed in Cr. Misc. No. 4528/2024. The petitioners have no criminal antecedent as stated in para 3 of the bail petition.

5. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioners.

6. Considering the aforesaid facts and circumstances of the case as well as the nature of the allegation against the petitioners, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail by furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) each with two sureties of the like amount each to the satisfaction of the learned Court concerned, Bhojpur at Arrah in connection with Shahpur P.S. Case No. 466 of 2023, subject to conditions as laid down under section 438(2) of the

4/4 Code of Criminal Procedure.

7. The application stands allowed.

(Chandra Prakash Singh, J) Ranjeet/- U T