Ramlakhan Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19016 of 2023 Arising Out of PS. Case No.-286 Year-2022 Thana- SATHI District- West Champaran ====================================================== Ramlakhan Mukhiya Son Of Yamuna Mukhiya Resident Of Village - Daniyal Parsauna, P.S. - Sathi, Distt. - West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brij Kishor Mishra, Advocate For the Opposite Party/s :

Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 15-06-2023 Heard Mr. Brij Kishor Mishra, learned counsel appearing on behalf of the petitioner and Mr. Ajit Kumar, learned APP appearing on behalf of the State.

2. The petitioner apprehends his arrest in connection with Sathi P.S. Case No. 286 of 2022 registered under Section 147, 341, 323, 447, 448, 379, 354(B), 504, 506 of the Indian Penal Code.

3. As per the allegation made in the F.I.R., accused persons including the petitioner demanded Rs. 2 lacs as rangdari from the elected Mukhiya.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is beneficiary of Indira Awas Yojana and he has made complaint before the informant as well as the police with respect to the irregularities committed by the informant who is the Mukhiya in allotment of fund for

Patna High Court CR. MISC. No.19016 of 2023(2) dt.15-06-2023 2/3 construction of houses under Indira Awas Scheme. Learned counsel further submits that the petitioner is downtrodden member of the society and deserves to be released on anticipatory bail.

5. Learned APP appearing on behalf of the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner.

6. Considering the nature of allegation made against the petitioner as well as the information given on behalf of the petitioner that he has raised the issue of corruption committed by Mukhiya in allotment of fund relating to Indira Awas Yojana to the petitioner and other named accused which has prompted the informant for lodging the present F.I.R.

7. In above view of the matter, the petitioner has, prima facie, made out a case to be released on anticipatory bail.

8. Court below is directed to release the petitioner on anticipatory bail, in the event of his arrest or surrender before the learned Court below within a period of four 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 Additional Chief Judicial Magistrate-II, Bettiah, District West Champaran in connection with Sathi P.S. Case No. 286 of 2022, subject to the condition as laid down under Section 438(2)

Patna High Court CR. MISC. No.19016 of 2023(2) dt.15-06-2023 3/3 of the Cr.P.C.

(Purnendu Singh, J) Mantreshwar minu/- U T