Pradeep Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13947 of 2018 Arising Out of PS.Case No. -129 Year- 2017 Thana -ARA MUFFSIL District- BHOJPUR ======================================================

1. Pradeep Kumar, S/o Harinandan Prasad, Resident of Village- Koriyawan, P.O.- Sorampur, P.S.- Janipur, District- Patna, currently woking as Junior Engineer, Maner Block, P.S.- Maner, District- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sumeet Kumar Singh For the Opposite Party/s : Mr. Sri Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-04-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Ara Muffasil P.S.Case nO.129 of 2017 , registered for offences punishable under Sections 420, 406, 409, 467, 468, 471, 120(B) and 34 of the Indian Penal Code.

Allegation against the petitioner as per FIR is that some amount has been sanctioned under MANREGA Scheme and the petitioner and other accused persons have misappropriated the amount and specific allegation against the petitioner is that he made some entries in the measurement book showing higher amount than the sanctioned amount.

Submission of the learned counsel for the petitioner is that he has been falsely implicated in this case and allegation is with respect to only one entry in the Register and another co-accused who is Assistant Engineer and he has endorsed the measurement

Patna High Court Cr.Misc. No.13947 of 2018 (2) dt.10-04-2018 2/2 book, has already been granted privilege of the anticipatory bail by this Court, vide order dated 20.9.2017 passed in Cr. Misc. No.43037 of 2017. Further submission is that main allegation is against the Panchayat Sevak and the Mukhiya.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Ara in connection with Ara Muffasil P.S.Case NO.129 of 2017, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the investigation of the case and make himself available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of his bail bond. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T