Kumar Gandharb v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27868 of 2020 Arising Out of PS. Case No.-124 Year-2018 Thana- KUMAR KHAND District- Madhepura ====================================================== KUMAR GANDHARB S/o Pancham Lal Resident of Village-Shankarpur, Kolhua, Ward no.12, P.S.-Shankarpur, District-Madhepura, The then Gramin Awas Sahayak Gram Panchayat Vishunpur Sundar, Block Kumarkhand, District-Madhepura. At present on the same post at Gram Panchayat Chikani Block Gamharia, District-Madhepura.

... ... Petitioner.

Versus

The State of Bihar ... ... Opposite Party.

====================================================== Appearance :

For the Petitioner :

Mr. Chandra Mohan Jha, Advocate.

For the State :

Ms. Anita Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 05-04-2021 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Kumarkhand P.S. Case No.124 of 2018 registered under Sections 409, 420 and 120B/34 of the Indian Penal Code. The accusation is that in course of inquiry, it was detected that the then Block Development Officers, Account Assistants and Gramin Awas Sahayaks of different Panchayats committed irregularities and illegalities in providing the benefits to the persons under Indira Awas Yojana, who had already taken the benefits under the aforesaid Scheme.

Learned counsel for the petitioner submits that the petitioner was posted as Gramin Awas Sahayak at Panchayat

Patna High Court CR. MISC. No.27868 of 2020(7) dt.05-04-2021 2/2 Vishanpur Sundar, Kumarkhand Block but he was transferred from there vide Letter dated 02.11.2016 of the D.D.C., Madhepura, to Panchayat Baisarh, Kumarkhand Block, and the co-accused Prabhat Ranjan was posted there and the irregularities and illegalities as found in providing the benefits under Indira Awas Yojana is in between 22.04.2018 to 24.04.2018, which would appear from the enclosures of the F.I.R. Further submission is that the co-accused Prabhat Ranjan has already been granted the privilege of pre-arrest bail by a Bench of this Court vide order dated 22.04.2019 passed in Criminal Misc. No.24363 of 2019.

Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Madhepura, in connection with Kumarkhand P.S. Case No.124 of 2018, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T