Prakash Kumar Badal @ Prakash Badal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6910 of 2017 Arising Out of PS.Case No. -149 Year- 2015 Thana -JANKINAGAR District- PURNIA ====================================================== Prakash Kumar Badal @ Prakash Badal Son of Tej Narayan Mukhiya Resident of Village Narayanpur, P.O.- Sahuriya, P.S.- Janki Nagar, DistrictPurnea. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Sada Nand Roy For the Opposite Party/s : Mr. Umeshnand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-02-2017 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is apprehending his arrest in connection with Janki Nagar P.S. Case No. 149 of 2015 for the offences instituted under Sections 406, 409, 420, 467, 468, 471 and 120B of the Indian Penal Code.

The allegation against the petitioner is of committing misappropriation of government fund, in the name of other beneficiaries, which was given to him under Indira Awas Scheme. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. He has falsely been implicated in the present case due to mistake of fact.

Patna High Court Cr.Misc. No.6910 of 2017 (2) dt.13-02-2017 2/2 The petitioner is Panchayat Secretary. The allegation of misappropriation of fund in respect to Indira Awas Scheme is denied by the petitioner. It is further submitted that the petitioner is ready to deposit an amount of Rs. 25,000/-in the court below, which shall be subject matter of the final disposal of the case. On behalf of the State, it has been submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner shall deposit an amount of Rs. 25,000/- in the court below, which shall be subject to final disposal of the case and on doing so, let the petitioner above named be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Janki Nagar P.S. Case No. 149 of 2015 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Purnea, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Amit/- U T