Mithilesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26842 of 2019 Arising Out of PS. Case No.-124 Year-2018 Thana- KUMAR KHAND District- Madhepura ====================================================== Mithilesh Kumar Son of Chandeshwari Prasad Yadav @ Chandeshwari Yadav Resident of Village-Kolhua, P.S-Shankarpur, District-Madhepura, Presently working as Village Awas Assistant Gram Panchayat Tengraha, Sikiyaha Block-Kumarkhand, District-Madhepura ... Petitioner
Versus
The State of Bihar ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr.Kameshwar Prasad Singh, Advocate For the Opposite Party :
Mr.Akhileshwar Dayal, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-07-2019 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending his arrest in a case registered under Sections 409, 420 and 120-B/34 of the Indian Penal Code.
The prosecution case, in short, is that the petitioner at the relevant point of time, was working as Gramin Aawas Sahayak. It is alleged that by extending financial benefits to the same set of persons twice under the Indira Aawas Yojna, public money has been misappropriated by him and others. Some of the beneficiaries of the scheme are said to have alleged that the Mukhiya of the Gram Panchayat had collected illegal money from them, as has been mentioned in the report of the SubDivisional Officer, which is the basis for registration of the FIR. Learned counsel for the petitioner submits that so far as
Patna High Court CR. MISC. No.26842 of 2019(3) dt.17-07-2019 2/2 this petitioner as Gramin Aawas Sahayak is concerned, it is alleged against him that he did not discharge his official duty properly while comparing the list of beneficiaries. It has also been argued that there is no chance of the petitioner fleeing from the course of justice and similarly situated co-accused Sanni Kumar has already been allowed anticipatory bail by this Court vide order dated 1.5.2019, passed in Cr.Mis.No. 28704 of 2019. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below it within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Madhepura in Kumarkhand Police Station Case No. 124 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Shashi U T