Manager Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34874 of 2015 Arising Out of PS.Case No. -81 Year- 2014 Thana -HUSAINGANJ District- SIWAN ======================================================
1. Manager Yadav Son of Late Ram Tapesha Yadav Resident of Village - Karsar, Police Station - Raghunathpur, District - Siwan. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Prashant Kumar For the Opposite Party/s : Mr. Ajit Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02-09-2015 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 419,420,409 and 177 of the Indian Penal Code.
The accusation is of providing benefits under the Indira Awas scheme to non-deserving persons. The DDC, Siwan issued a letter for recovery of the amount from the beneficiaries who received the benefits illegally under the aforesaid scheme but the Block Development Officer, Hussainganj did not take any action, thereafter the DDC directed to lodge FIR against the Block Development Officer and the Panchayat Secretary. It is submitted by the learned counsel for the petitioner
Patna High Court Cr.Misc. No.34874 of 2015 (2) dt.02-09-2015 2/2 that the beneficiary list was approved by the Aam Sabha of the Panchayat and the supervisory officer was the Block Development Officer. During enquiry, it was though found that the petitioner and the Block Development Officer were negligent but no ulterior motive was alleged against the petitioner and above all, the Block Development Officer namely Prithvi Chand has been granted anticipatory bail vide Cr. Misc. No. 32886 of 2014. 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, Siwan in connection with Hussainganj P.S. Case No. 81 of 2014 subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Dinesh Kumar Singh, J) Anil/- U T