Rajan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33580 of 2016 Arising Out of PS.Case No. -84 Year- 2016 Thana -MAHUA District- VAISHALI(HAJIPUR) ====================================================== Rajan Kumar Son of Tej Narayan Gupta, resident of Village - Pul Road Mahua, P.S. - Mahua, District - Vaishali.
.... .... Petitioner
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance:
For the Petitioner : Mr. Shakil Ahmad Khan, Advocate For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 30-08-2016 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest for the offences alleged under Sections 409 and 34 of the Indian Penal Code registered in connection with Mahua P.S. Case No. 84 of 2016.
3. It is submitted that the petitioner being the Panchayat Rozgar Sevak has been falsely implicated in connection with MGNREGA Plantation Scheme relating to the year 2009-10 for which enquiry report was submitted after prolonged delay on 29.11.2013, by which time most of the plantation were damaged. It is further submitted that after consideration of the explanation of the accused persons, the Programme Officer, Mahua has not recorded any specific finding on embezzlement. Similarly situated co-accused Ravindra Kumar and Sushil Kumar Bharti have been
Patna High Court Cr.Misc. No.33580 of 2016 (2) dt.30-08-2016 granted anticipatory bail by this Court in Cr. Misc. No. 33023 of 2016 and 33443 of 2016, respectively.
4. Having regard to the entirety of the facts and circumstances, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Mahua P.S. Case No. 84 of 2016, subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the condition that the petitioner will remain physically present before the police/Court as and when required and his failure to appear before the learned Court below on two consecutive dates, if required, without assigning any reason will entail cancellation of his bail bonds without being prejudiced by this order.
(Vikash Jain, J) Chandran/Ibrar U T