Pradeep Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41913 of 2014 Arising Out of PS.Case No. -12 Year- 2014 Thana -SAHAR District- BHOJPUR ====================================================== Pradeep Kumar, son of Late Gulab Chand Gupta R/o Village Bhadwar, PS. Narhi Chandi, District Bhojpur .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA ORAL ORDER 10-04-2015 Heard learned counsel for the petitioner and learned Additional P.P. for the State.

The petitioner prays for anticipatory bail in a case under Sections 419, 420, 468, 467, 471 and 120B of the Indian Penal Code. The case relates to irregularities in the distribution of diesel subsidy.

It is submitted by learned counsel for the petitioner that distribution of the same was to be done by the Mukhiya and UpMukhiya and, as a matter of fact, in the FIR it is stated that the Mukhiya and Up-Mukhiya had done distribution of diesel in the year 2009.

It is further submitted by learned counsel that the Panchayat Secretary does not have any effective role in the matter and the petitioner has been roped in for the sole reason that he is the Panchayat Secretary.

Patna High Court Cr.Misc. No.41913 of 2014 (2) dt.10-04-2015 Learned counsel also submits that the Mukhiya has been granted anticipatory bail by order dated 22.9.2014 of this Court passed in Cr.Misc.No. 21997 of 2014 upon depositing of Rs.66,674/- which is the amount of irregularity alleged in the FIR and the case of the petitioner stands on better footing. On a consideration of the facts and circumstances of the case, it is directed that the petitioner Pradeep Kumar, in the event of his arrest or surrender in the court below within a period of four weeks from today, shall be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each in connection with Sahar P.S.Case No. 12 of 2014 to the satisfaction of the Chief Judicial Magistrate, Bhojpur, Ara subject to the conditions as laid down in Section 438(2) of the Code of Criminal Procedure.

(Ramesh Kumar Datta, J) spal/- U