Patna High CourtCR. MISC./34104/2015bail granted

Mahesh Prasad v. The State Of Bihar

2015-08-24Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34104 of 2015 Arising Out of PS.Case No. -120 Year- 2014 Thana -DHANSOI District- BUXAR ======================================================

1. Mahesh Prasad Son of Ramnath Prasad resident of village - Jalalpur, P.S. Dhansoi, District - Buxar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Mishra, Advocate For the Opposite Party/s : Mr. Bhanu Pratap Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 24-08-2015 Heard learned counsel for the petitioner and the State.

The petitioner being the Panchayat Mukhiya is apprehending his arrest in a case registered for the offences punishable under Sections 409, 420/34 of the Indian Penal Code.

It is alleged that during financial year 2006-07 to 2008-09 Rs. 11,42,500/- were misappropriated by the Panchayat Mukhiya and Panchayat Secretary in installation of the Solar lights.

It is submitted by the learned counsel for the petitioner that the purchase was made between 2006 to but vide resolution no.

dated 06.09.2012 BREDA was declared agency for supply/purchase of Solar lights.

The purchase was made on the recommendation of Aam Sabha and the then District

Patna High Court Cr.Misc. No.34104 of 2015 (2) dt.24-08-2015 Magistrate, Buxar vide memo. 1876 dated 22.10.2007 approved the rate of purchase as Rs. 46,000/- per unit. Considering the delayed lodging of the case, Panchayat Secretary has been granted anticipatory bail vide Cr. Misc. No. 7084 of 2015 and statement has been made in para-3 of the petition that petitioner has no criminal antecedent, let the above named petitioner be released on bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar in connection with Dhansoi P.S. Case No. 120 of 2014, subject to conditions as laid down under Section 438(2) of the Indian Penal Code.

(Dinesh Kumar Singh, J) P.K./- U T