Raj Kishore Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.37363 of 2015 (5) dt.14-12-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37363 of 2015 Arising Out of PS.Case No. -222 Year- 2015 Thana -BIDUPUR District- VAISHALI(HAJIPUR) ====================================================== Raj Kishore Singh Son of Awadh Narayan Singh, Resident of villageLagma, P.O.- Jahangirpur Lagma, P.S. Singhiya, District- Samastipur .... .... Petitioner

Versus

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

For the Petitioner/s : Ms. Anita Kumari, Adv. For the Opposite Party/s : Mr. Pramod Kumar Pandey(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 14-12-2015 Heard both sides.

The petitioner apprehends his arrest in Bidupur P.S. Case No. 222 of 2015, registered for the offences punishable under Sections 409, 420 and 34 of the Indian Penal Code.

The Block Programme Officer, Bidupur made allegation that many irregularities were committed in execution of different schemes by the Mukhiya Smt. Shamima Khatoon, Gram Panchayat Nawa Nagar, Panchayat Rojgar Sewak Sanjay Kishore, Nawanagar and Panchayat Technical Assistant Raj Kishore Singh (petitioner), Nawanagar. The sole contention of learned counsel for the petitioner is that the petitioner was appointed as a Panchayat Technical Assistant in the year 2010. He was posted at Nawanagar Panchayat, Judawanpur, Kathaulia and others vide order as contained in letter no. 98 dated 31.08.2010, but vide order as contained in letter no. 140 dated 09.12.2010, the petitioner was directed to take training with the

Patna High Court Cr.Misc. No.37363 of 2015 (5) dt.14-12-2015 Technical Assistant working from before. The petitioner was never given charge of the work nor he was allowed to work in Nawanagar Panchayat. The petitioner sent a letter to the DDC on 13.04.2011 (Annexure-4). The present FIR was lodged on 20.05.2015.

Considering the facts aforesaid and the fact that no specific role was assigned to the petitioner and the petitioner has very categorically stated in his letter addressed to DDC (Annexure-4) that he was never allowed to work as Technical Assistant in Nawanagar Panchayat in execution of any of the schemes with regard to which the irregularities are said to have been committed, the petitioner above named in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Bidupur P.S. Case No.

222 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Prabhat Kumar Jha, J.) Rakhi U T