Sanjeev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30738 of 2015 Arising Out of PS.Case No. -20 Year- 2014 Thana -GAUNAHA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Sanjeev Kumar Son of Parmatma Singh Resident of village - Bargajawa, Police Station - Shikarpur, District - West Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Brij Kishor Mishra For the Opposite Party/s : Mr. S.N.Shukla(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 30-07-2015 Heard learned counsels for the petitioner and the State.

The petitioner being the Sub-Postmaster of the village is apprehending his arrest in a case registered for the offences punishable under Sections 188, 420, 409, 467, 468 and 471 of the Indian Penal Code.

The prosecution case is that the Committee of Enquiry found irregularity in the execution of MANREGA scheme in Belwa Panchayat with regard to the plantation of bamboo and other trees. The Panchayat Rojgar Sewak was directed to produce relevant documents before the Committee but he did not produce the same. It is alleged against the

Patna High Court Cr.Misc. No.30738 of 2015 (02) dt.30-07-2015 2/3 petitioner and other Sub-Postmasters that the payments were made in the MANREGA scheme fake persons.

It is submitted by learned counsel for the petitioner that thrust of accusation is against executing agent of the scheme and similarly situated co-accused Madan Puri and Munna Nath Prasad, who were Sub-Postmasters, have been granted anticipatory bail vide Cr. Misc. Nos. 7834 of 2015 and 7962 of 2015 considering the fact that as per the procedure the Village Post Office used to make payment at the advice and direction of the Sub-Post Office and the Sub-Postmaster make payments at the advice and directions of their Sub-Post Office. The petitioner claims to have make payment at the advice of Sub-Post Office.

A statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent. Considering the fact that similarly situated co-accused persons have been granted anticipatory bail, let the above named petitioner be released on anticipatory 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

Patna High Court Cr.Misc. No.30738 of 2015 (02) dt.30-07-2015 3/3 Magistrate, Bettiah, West Champaran in connection with Gaunaha P.S. Case No. 20 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) DKS/- U T