Ganesh Mahton v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49912 of 2014 Arising out of PS.Case No. -34 Year- 2014 Thana -NAOKOTHI District- BEGUSARAI ====================================================== Ganesh Mahton, Son of Jagbali Mahton, Resident of Village Samastipur, P.S. S. Kamal, District Begusarai.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Binod Kumar For the Opposite Party/s : Mr. Ashok Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-04-2015 The petitioner is apprehending his arrest in connection with Naokothi P.S. Case No. 34 of 2014 instituted for the offence punishable under Sections 409, 420, 467, 468 and 471 of the Indian Penal Code.

Heard learned counsel for the petitioner and the State.

The prosecution story on the basis of written report submitted by Arun Kumar Chaudhary, the Block Development Officer, Naokothi Block, in brief, is that in this case after enquiry, Kundan Kumar, Senior Deputy Collector, Begusarai, has submitted his report before the District Panchayat Raj Officer, Begusarai, in which he has reported that an amount of Rs. 1,33,372/- has been misappropriated relating to the fund of subsidized amount of Diesel by the then Panchayat Secretary, Ganesh Mahton and the then Mukhiya, Mahendra Mahton of Gram Panchayat Raj Dafarpur by preparing fake papers. They had

Patna High Court Cr.Misc. No.49912 of 2014 (2) dt.30-04-2015 2 / 2 shown that they have distributed Diesel subsidy three times, but in fact, only one voucher had been submitted by them. He has further submitted that he took statements of ten beneficiaries on 18.10.2012 and they told that they have received only one time Diesel subsidy amount.

It has been submitted on behalf of the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. He has denied the allegations made in the First Information Report.

On behalf of the State it has been submitted that the petitioner has made a defalcation of Rs. 1,33,372/-. Consider the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest or surrender in the court below within four weeks, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai in connection with Naokothi P.S. Case No. 34 of 2014, subject to the conditions, as laid down under Section 438(2) Cr.P.C. (Sudhir Singh, J.) Sanjay/- U T