Patna High CourtCR. MISC./48448/2017allowed

Dinesh Kumar Mehata v. The State Of Bihar

2017-11-21Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48448 of 2017 Arising Out of PS.Case No. -90 Year- 2017 Thana -DHANSORI District- BUXAR ======================================================

1. Dinesh Kumar Mehata, S/o Binda Nand Prasad Mehta, Resident of Village-Bannauli, P.S.-Narayanpur, District-Bhojpur .... Petitioner

Versus

1. The State of Bihar .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Binod Kumar Singh, Adv. For the Opposite Party : Mr. Surendra Kumar, APP 190 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-11-2017 Heard both sides.

The petitioner apprehends his arrest in Dhansoi P.S. Case No. 90 of 2017 registered under Sections 406, 409, 420 and 120B of the Indian Penal Code.

The Block Development Officer, Rajpur, Buxar, alleged that the petitioner, Panchayat Sachiv, and the Mukhiya of Gram Panchayat Dulfa withdrew the entire amount of Scheme No. 1 of 2013-2014 and Scheme No. 5 of 2013-2014 after getting the wrong measurement entered in the measurement book. The learned counsel for the petitioner submits that Scheme No. 1 of 2013-2014 was of Rs.1,02,900/- and Scheme No. 5 of 2013-2014 was of Rs.83,515/-. Mukhiya, Birendra Singh, has already been enlarged on anticipatory bail on deposit of Rs.50,000/- vide order, dated 17.11.2017, passed in Cr. Misc. No. 53781 of 2017. It is, further, submitted that the petitioner is also ready to deposit Rs.50,000/-. The case of the petitioner stands on the same footing as that of Birendra Singh, who was Mukhiya of Gram Panchayat Dulfa. It appears that the petitioner was the agent for executing Scheme No. 1 of 2013-2014 and Scheme No.

Patna High Court Cr.Misc. No.48448 of 2017 (4) dt.21-11-2017 2/2 5 of 2013-2014. The petitioner and Mukhiya in collusion with each other withdrew the entire amount of the Schemes without completion of the Schemes. The petitioner is ready to deposit Rs.50,000/- in the Government Treasury as deposited by the Mukhiya.

Considering the facts, aforesaid, if the petitioner deposits Rs.50,000/-, within four weeks, the petitioner, in the event of his arrest or surrender, within four weeks from the date of receipt of this order, is directed to be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Dhansoi P.S. Case No. 90 of 2017 to the satisfaction of Chief Judicial Magistrate, Buxar, or successor Court, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code. (Prabhat Kumar Jha, J) SA/- U √ T √