Birendra Choudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.46734 of 2014 Arising Out of PS.Case No. -191 Year- 2014 Thana -SIMRI District- BUXAR ======================================================
1. Birendra Choudhary Son of Sri Shiv Shanker Choudhary Resident of village- Kukuraha, Police Station- Itarhi, District- Buxar. At Present Panchayat Secretary Kamarpur Panchayat Raj, Police Station- Buxar (M), District- Buxar .... .... Petitioner
Versus
1. The State of Bihar .... .... Opposite Party ====================================================== with Criminal Miscellaneous No.6209 of 2015 Arising Out of PS.Case No. -191 Year- 2014 Thana -SIMRI District- BUXAR ======================================================
1. Binod Kumar Sah S/o Late Mahesh Sah R/o vill. - Barka Rajpur, P.O. Barka Rajpur, P.S. Simri, District - Buxar .... .... Petitioner
Versus
1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :
(In Cr.Misc. No.46734 of 2014) For the Petitioner : Mr. Anil Kumar Roy For the Opposite Party : Mr. Amrendra Prasad (App) (In Cr.Misc. No.6209 of 2015) For the Petitioner : Mr. Shree Kant Pandey For the Opposite Party : Mr. Jagdhar Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 23-04-2015 Heard learned counsels for the petitioners and the State.
Petitioners being Panchayat Secretary and Panchayat Mukhiya are apprehending their arrest in a case registered for the offences punishable under Sections 406, 409, 420, 120B/34 of the Indian Penal Code.
Accusation is of purchase of solar lights during financial year 2006 to 2010 in violation of the government direction to purchase from BREDA and BELTRON
Patna High Court Cr.Misc. No.46734 of 2014 (2) dt.23-04-2015 2/2 and thereby misappropriating Rs.
23,06,500/- of the government.
It is submitted by learned counsel for the petitioners that direction for purchase from BREDA and BELTRON was received in the panchayat subsequent to the purchase. Moreover the purchase was approved by the Aam Sabha of panchayat initially and subsequently by the District administration.
It is submitted on behalf of petitioner Birendra Choudhary that petitioner was transferred from the concerned panchayat in 2007 itself. Several Panchayat Secretaries and Mukhiyas of different Panchayats have been granted bail against whom similar F.I.R was lodged. Considering the delayed lodging of the complaint and the nature of irregularity, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar in connection with Simri P.S. Case No. 191 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J) Shageer/- U T