Vivek Kumar @ Bivek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22686 of 2019 Arising Out of PS. Case No.-175 Year-2018 Thana- FATEHPUR District- Gaya ====================================================== VIVEK KUMAR @ BIVEK KUMAR Son of Late Baliram Singh, Resident of Village-Sachai, P.S.-Kurtha, District-Arwal. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kiran Sinha For the Opposite Party/s :

Mr.Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-07-2019 Heard learned counsel for the parties.

The petitioner is apprehending his arrest in connection with Fatehpur P.S.Case No.175 of 2018 dated 15.6.2018, registered for offences punishable under Sections 406, 409, 420, 467, 468/34 of the Indian Penal Code.

FIR discloses that several complaint petitions were made before the Lokayukta that the amount of the Old Age Pension has not been released to the beneficiaries as the petitioner has submitted false list and thereon he directed for lodging of the case.

Submission of the learned counsel for the petitioner is that after preparation of the list, it goes to the Block Development Officer and thereafter to the S.D.O. and then to the District Program Officer and ultimately the District Program Officer prepares the list of beneficiaries, as such there is no

Patna High Court CR. MISC. No.22686 of 2019(4) dt.01-07-2019 2/2 defalcation in this case. Furthermore, he is facing departmental proceeding as well as proceeding for recovery of the amount. Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, surrender on 10.7.2019 and on surrender he will be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM-X, Gaya in connection with Fatehpur P.S.Case No.175/2018 subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure with further condition that he will co-operate in the departmental proceeding as well as in the proceeding for recovery and also in the present case, otherwise his bail bond shall be cancelled.

With the aforesaid direction, this application is disposed of.

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