Ram Bilash Singh @ Ram Bilash Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42017 of 2018 Arising Out of PS.Case No. -343 Year- 2017 Thana -ALOULI District- KHAGARIA ====================================================== Ram Bilash Singh @ Ram Bilash Mahto, S/o- Harichan Singh, Ward Member of Ward No. 13, South Bahorwa, Cherakhera, P.S. Alauli, DistrictKhagaria. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ram Sumiran Rai, Advocate For the Opposite Party/s : Mr. Ram Priya Saran Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 25-07-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Alauli P.S. Case No.343 of 2017 instituted for the offence under Sections 467, 468, 470 and 420 of the Indian Penal Code. Learned counsel for the petitioner has submitted that petitioner was ward member at the relevant time. The allegation against the petitioner is that he along with other co-accused persons has distributed the relief to those persons who were affected by flood, but later on, it transpired that some persons have wrongly been paid the flood relief amount.

It has further been submitted that out of eight persons, seven have not received money. Reena Devi has already returned the money. There is no allegation against the petitioner of misappropriating the money of relief. The only allegation against the petitioner is that he prepared list which was later on found to be not proper.

Patna High Court Cr.Misc. No.42017 of 2018 (2) dt.25-07-2018 2/2 Learned counsel for the petitioner has submitted that co-accused Reena Devi and Beby Devi have already been granted anticipatory bail by coordinate Bench of this Court vide order dated 5.4.2018 passed in Cr. Misc. 18690 of 2018. Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Alauli P.S. Case No.343 of 2017, he shall 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, Khagaria, subject to the conditions as laid down under Section 438 (2) Cr. P.C.

with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) S.Ali/- Rohit Kr.

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