Sanjay Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32695 of 2016 Arising Out of PS.Case No. -130 Year- 2016 Thana -HARNAUT District- NALANDA (BIHARSHARIFF) ======================================================

1. Sanjay Yadav S/o Ram Briksha Yadav

2. Suresh Ram son of Late Siya Ram

3. Harinarayan Paswan, son of Jambu Paswan All resident of Village- Barah, P.S.- Harnaut, District- Nalanda. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rana Baljit Singh, Advocate For the Opposite Party/s : Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 23-12-2016 Heard learned counsel for the petitioners and the learned counsel appearing on behalf of the State. The petitioners are apprehending their arrest in connection with Harnaut (Kalyan Bigha) P.S. Case No.130 of 2016 for allegedly having committed the offences under Sections 419, 420, 405, 406, 467, 468/34 of the Indian Penal Code.

Learned counsel for the petitioners submits neither the petitioners had drawn any money for construction of the toilets nor was there any agreement between them and the Public Health Engineering Department, Harnaut. The only allegation which has been levelled against them is that they had

Patna High Court Cr.Misc. No.32695 of 2016 (2) dt.23-12-2016 2/2 participated in the misappropriation of the said amount drawn for construction of the said toilets by one Anil Choudhary, husband of Mukhiya Sunita Devi and one Jila Jal Swacchata Samiti.

Considering the fact that the F.I.R. does not disclose the role of the petitioners in the alleged defalcation and only a bald statement has been made stating the involvement in the occurrence, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of `10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, VII, District-Nalanda at Biharsharif, in connection with Harnaut (Kalyan Bigha) P.S. Case No.130 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J) PNM U T