Surendra Nath Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29296 of 2015 Arising Out of PS.Case No. -272 Year- 2014 Thana -BRAHMPUR District- BUXAR ======================================================
1. Surendra Nath Thakur S/o Late Garjan Thakur Resident of Village Ganguali, Police Station Simari, District Buxar. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ravi Shanker Pankaj For the Opposite Party/s : Mr. Anand Kishore Chaudhary(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 27-07-2015 Heard learned counsels for the petitioner and the State. The petitioner being Panchayat Secretary is apprehending arrest in a case registered for the offences punishable under Sections 406,409 and 420 of the Indian Penal Code.
The prosecution case is that the petitioner in connivance with Panchayat Mukhia purchased solar lights in 2007-08 and 2008-09 from the agencies other than BREDA.
It is submitted by the learned counsel for the petitioner that the purchase of solar lights was made between 2007-09 for which FIR was registered in 2014. More over, there was no such direction for purchase of solar lights from BREDA prior to the actual purchase and the aforesaid purchase was made after the
Patna High Court Cr.Misc. No.29296 of 2015 (2) dt.27-07-2015 2/2 resolution of Aam Sabha of the Panchayat. It is further submitted that Panchayat Mukhiya has been granted anticipatory bail vide Cr. Misc. No. 4662 of 2015.
Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Buxar in connection with Brahmpur P.S. Case No. 272 of 2014 subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Dinesh Kumar Singh, J) Anil/- U T