Chitranjan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38999 of 2015 Arising Out of PS.Case No. -188 Year- 2013 Thana -PAHARPUR DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Chitranjan Kumar S/o Late Rambahadur Sinha .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sangeet Deokuliar, Advocate For the Opposite Party/s : Mr. Binod Kumar No. 3 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 07-10-2015 Heard learned counsels for the petitioner and the State. The petitioner being the Assistant in Paharpur block office at East Champaran is apprehending arrest in a case registered for the offences punishable under Sections 420, 409, 467, 468, 471 and 120B of the Indian Penal Code. The prosecution case has been lodged on the basis of written report of the Ex-Sarpanch to the Deputy Superintendent of Police, Areraj to the effect that members of Panchayat Samiti in connivance with the government officials have wrongly and illegally distributed the Indira Aawas of handicapped quota to non-handicapped people.

It is submitted by learned counsel for the petitioner that the petitioner was not empowered to allocate the Indira Aawas. In fact, the petitioner was simply posted as Assistant in the said block hence he

Patna High Court Cr.Misc. No.38999 of 2015 (2) dt.07-10-2015 2/2 has been implicated in this case. Learned counsel for the petitioner further submits that the Panchayat representatives, the government officials and the other officers have been granted anticipatory bail vide Criminal Miscellaneous No.29864 of 2014 and Criminal Miscellaneous No.22008 of 2014 and the investigation is still pending.

Considering the thrust of accusation against the Panchayat Secretary, Panchayat Mukhiya and BDO, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned learned CJM, Motihari, East Champaran in connection with Paharpur P.S. Case No.188 of 2013, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Ashwini/- U T