Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26272 of 2022 Arising Out of PS. Case No.-27 Year-2022 Thana- BARBIGHA District- Sheikhpura ====================================================== PANKAJ KUMAR SON OF LATE SHYAM KISHORE PRASAD R/O VILLAGE- DIH NIZAMAT, P.S.- BARBIGHA, DISTRICT- SHEIKHPURA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kr. Thakur Mr.Nilesh Kumar For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-09-2022 Heard learned counsel for the parties.

The petitioner apprehends his arrest in a case registered for the offence under Sections 406, 409, 420, 467, 468, 471/34 of the Indian Penal Code.

As per the prosecution case, money was withdrawn in the name of dead person under the MANREGA Scheme and at the relevant time, this petitioner was Mukhiya of the concerned Gram Panchayat.

It is submitted on behalf of petitioner that there is no allegation of any irregularity in the execution of work. The inspection and measurement of work was done by Junior Engineer, Assistant Engineer and Technical Officer under the guidance of Program Officer, then after signature of Mukhiya, the money was transferred to the labour bank account by RTGS, thus this petitioner not done anything wrong. It was the duty of

Patna High Court CR. MISC. No.26272 of 2022(2) dt.20-09-2022 2/2 the family members of the deceased to inform about the death of concerned persons. Since money was transferred through RTGS in the account, the petitioner has got no role in this process. It is further submitted that total amount, which is said to be transferred through RTGS in the account of deceased persons i.e. Rs. 89,549/-, has already been deposited, vide Annexure 2 and 2/1 to the petition.

Learned A.P.P. for the State has opposed the prayer for anticipatory bail.

Considering the aforesaid facts and circumstances, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sheikhpura in connection with Barbigha (Keoti O.P.) P.S. Case No. 27 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) anay/- U T