Brajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19971 of 2020 Arising Out of PS. Case No.-169 Year-2019 Thana- KARAI PARSURAI District- Nalanda ====================================================== 1.

BRAJESH KUMAR Son of Kedar Prasad Resident of Village- Agarpar, Police Station- Karai Parsurai, District- Nalanda. 2.

Rajeev Kumar S/o Shankar Yadav Ward member-13 Resident of VillageAgarpar, Police Station- Karai Parsurai, District- Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioners :

Mr. Anil Kumar Singh, Advocate For the State :

Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-03-2021 Counter affidavit has been filed on behalf of the District Magistrate, Nalanda. Same be kept on the record. Heard learned counsel for the petitioners and learned APP for the State.

Counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioners are apprehending their arrest in a case registered under Sections 420, 406, 120(B), 34 of the Indian Penal Code.

Allegation against the petitioners is to have misappropriated the money of the government scheme.

Patna High Court CR. MISC. No.19971 of 2020(3) dt.22-03-2021 2/3 It has been submitted on behalf of the petitioners that there is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. The petitioner No.1 is Ward Member and petitioner No.2 is Ward Secretary of the concerned panchayat. The allegation is that the public welfare scheme relating to 'HarGhar Nal Ka Jal' and 'Puccki Gali-Nali' yojna has not been completed by the petitioners. From the statement made in paragraph Nos.6, 7 and 8 of the counter affidavit filed on behalf of the District Magistrate, Nalanda, it appears that the work relating to the aforesaid scheme has already been completed by the petitioners.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Hilsa, Nalanda in connection with Karai Parsurai P.S. case No.169 of 2019, subject to the conditions as laid down under Section 438(2) of

Patna High Court CR. MISC. No.19971 of 2020(3) dt.22-03-2021 3/3 the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T