Shailendra Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.4596 of 2017 (2) dt.17-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4596 of 2017 Arising Out of PS.Case No. -84 Year- 2016 Thana -MAHUA District- VAISHALI(HAJIPUR) ======================================================

1. Shailendra Kumar, Son of Late Bisheshwar Prasad, Resident of Mohalla- Mahabir Nagar, ward No. 44, Kankerbagh, P.S.- Patrakar Nagar, Patna presently posted as Junior engineer at Raja Pakar Block, P.S.- Rajapakar, District- Vaishali.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Gopal Krishna For the Opposite Party/s : Mr. Sri Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 17-03-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Mahua P.S. Case No. 84/16 registered under Section 409/34. The accusation is that irregularities were found in the plantation work under the Manrega Plantation Scheme in the Gospur Chakmazahid Panchayat in the year 2013-14 in which Mukhiya of Grampanchayat and other officials were involved. Learned counsel appearing on behalf of the petitioner submitted that the petitioner is the Junior Engineer and was assigned with a duty to make instruction and submit his report

Patna High Court Cr.Misc. No.4596 of 2017 (2) dt.17-03-2017 regarding plantation and he had no concern with withdrawal of the money. Mukhiya and Rojgar Sewak are responsible for misappropriation as by their signature withdrawal of money was possible. Panchayat Technical Assistan, namely, Girish Shankar, the co-accused has already been allowed anticipatory bail vide order dated 26.09.2016 passed in Criminal Miscellaneous No. 38030 of 2016.

Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks, be enlarged on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Vaishali at Hajipur in connection with Mahua P.S. Case No. 84 of 2016 subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) sushma/- U T