Ranjeet Kumar Sinha @ Ranjeet Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.54511 of 2017 Arising Out of PS.Case No. -114 Year- 2016 Thana -CHAKAI District- JAMUI ====================================================== Ranjeet Kumar Sinha @ Ranjeet Kumar Singh, Son of Late Raj Kishor Prasad Sinha, resident of Mohalla- Barmasia, P.S.- Deoghar, DistrictDeoghar (Jharkhand). .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Nawal Kishor Singh For the Opposite Party/s : Mr. Smt Pushpa Sinha ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 21-11-2017 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner is languishing in judicial custody since 07.09.2017 in connection with Chakai P.S. Case No. 114 of 2016 for offences punishable under Sections 420 and 409 of the Indian Penal Code.
The prosecution case, as lodged by the informant Block Development Officer, Chakai, is that while the petitioner was posted as Lipik-cum-Nazir in the said Block during the financial year 2013-14 he had withdrawn Rs. 11,00,000/- from the account of Indira Awas Yojna but has not reconciled the said amount and also not handed over the charge in spite of being suspended. It has been submitted by the learned counsel for the
Patna High Court Cr.Misc. No.54511 of 2017 (2) dt.21-11-2017 2/3 petitioner that he is innocent, bears no criminal history and the matter relates to accounting of the amount withdrawn from the account of Indira Awas Yojna. He submits that charge has already been handed over to the next incumbent before lodging of the F.I.R. and even the audit report does not speak of any fraud or misappropriation for the said financial year. It is further submitted that the departmental proceeding is pending against the petitioner who is a government servant, there is no chance of absconding and that the petitioner will co-operate in the investigation. However, learned APP for the State opposes the prayer for bail.
Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on 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, Jamui, District-Jamui in connection with Chakai P.S. Case No. 114 of 2016, subject to the conditions that:
(1) Both bailors would be close relative of the petitioner having sufficient immovable property, who will file an affidavit stating their relationship with the petitioner.
(2) Petitioner will appear before the learned court below
Patna High Court Cr.Misc. No.54511 of 2017 (2) dt.21-11-2017 3/3 during trial as and when required and failure to appear on two consecutive dates without assigning any reason will entail cancellation of his bail bonds.
(3) Petitioner will co-operate in the investigation and provide all papers necessary during investigation and will not tamper with the evidence.
(Nilu Agrawal, J) Devendra/- U T