Sanjay Rajwanshi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17881 of 2019 Arising Out of PS. Case No.-50 Year-2018 Thana- PARASI District- Jehanabad ====================================================== 1.

SANJAY RAJWANSHI Son of Ramgati Rajwanshi 2.

Gorakh Ram, Son of Janeshar Ram 3.

Mahendra Ram, Son of Buletan Ram 4.

Guddu Kumar, Son of Ashok Sao All are resident of Village-Kamta, Police Station-Parasi in the district of Arwal.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 25-07-2019 The petitioners apprehend their arrest in connection with Parasi P. S. Case No. 50 of 2018 registered under Sections 406,409 and 420/34 of the Indian Penal Code.

Allegation against the petitioners, as per the FIR lodged by the Block Development Officer, is that petitioner no. 1 and 3 being the Chairmen of Ward No. 7 and 6 whereas petitioner no. 2 and 4 being the Secretaries of the aforesaid ward, have disobeyed the direction of the department in execution of Nal Jal Yojana under the Mukhya Mantri Seven Nischaya Yojana and no proper work has been done in proportion of the amount allotted to them.

Patna High Court CR. MISC. No.17881 of 2019(3) dt.25-07-2019 2/3 Mr. Sunil Kumar, learned counsel appearing on behalf of the petitioners submits that petitioners have falsely been implicated in his case with oblique motive. He further submits that from perusal of page no. 13, which is part of the FIR, it would be evident that Junior Engineer, upon enquiry, had found the work completed by the petitioners to the extent of 50% and 45% relating to Nal Jal Yojana. He further submits that work was stopped due to negligence of the Chairman and Secretary of the Managing Committee and further that villagers were not allowing the work to be completed. Learned counsel further submits that now the work has been started and petitioners undertake to complete the work within a period of five months.

After having heard learned counsel for the parties and taking into consideration the fact that work has now been started and petitioners have given undertaking that they will finish the work within a period of five months, as such I am inclined to grant anticipatory bail to the petitioners on the above mentioned condition.

Let the petitioners, above-named, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt of a copy of this order, be released on bail upon furnishing bail bond of Rs. 10,000/- each with two

Patna High Court CR. MISC. No.17881 of 2019(3) dt.25-07-2019 3/3 sureties of the like amount each to the satisfaction of Mr. Ashish Kumar Agnihotri, learned Judicial Magistrate, 1st Class, Arwal in connection with Parasi P.S.Case No. 50 of 2018; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) sujit/- U T