Dhankeshwar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20202 of 2019 Arising Out of PS. Case No.-231 Year-2018 Thana- NASRIGANJ District- Rohtas ====================================================== DHANKESHWAR SINGH S/o Sri Muni Singh R/o village- Dhanaw, P.S.- Nasriganj, District- Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar Sinha For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-06-2019 This application, for grant of anticipatory bail, arises out of Nasariganj P.S. Case No. 231 of 2018, disclosing offences under Sections 409, 420, 120(B) and 34 of the Indian Penal Code.

Allegation as per F.I.R. is that an amount of Rs. 60, 64,000/- was issued under the Mukhyamantri Gramin Peyjal Nischay & Gali Nali Yojna to the Exexcution and Managment Committee, Ward No. 14 Gram Panchayat Dhanaw and petitioner is said to be the president of the said committee and on verification it was found that the work has only been done upto the Rs. 25, 79, 214/- and rest of the amount i.e. Rs. 34, 84, 706/- has been misappropriated by the petitioner in

Patna High Court CR. MISC. No.20202 of 2019(4) dt.28-06-2019 2/3 collusion of other accused of this case.

Submission of learned counsel for the petitioner is that no specific allegation has been attributed to the petitioner and the co-accused, namely, Sanjay Singh has been granted the privilege of anticipatory bail by the Coordinate Bench of this court vide order dated 28.03.2019 passed in Cr. Misc. No. 18943 of 2019 and another co-accused, namely, Kameshwar Prasad has also been granted the conditional antiicipatory bail vide order dated 20.06.2019 passed in Cr. Misc. No. 20504 of 2019.

Heard learned A.P.P. also.

Having heard both sides, considering the submission, as above, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate -II, Bikramganj, Rohtas, in connection with Nasariganj P.S. Case No. 231 of 2018, till submission of charge-sheet and he will appear befor the Investigating Officer and cooperate in the Investigation, however, in spite of that, if the charge-sheet is submitted against

Patna High Court CR. MISC. No.20202 of 2019(4) dt.28-06-2019 3/3 the petitioner, he will have to surrender before the court below and make prayer for regular bail, which will be disposed of by the court below on the merit of the case.

(Vinod Kumar Sinha, J) sunilkumar/- U T