Gulchand Choudhari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.53 of 2016 Arising Out of PS.Case No. -389 Year- 2015 Thana -TEKARI District- GAYA ======================================================
1. Gulchand Choudhari Son of late Gauanri Choudhary Resident of VillageBhorey , Police Station- Mufassil, District Gaya. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Manish Kumar No-2, Advocate For the Opposite Party/s : Mr. Ajay Kumar 2(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-01-2016 Heard learned counsel for the petitioner and the State.
The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 419, 420, 406, 409, 384, 120B of the Indian Penal Code. The prosecution case is that the petitioner being Panchayat Secretary allowed one Yogendra Yadav to make payment of Old Age Pension to the beneficiaries who against sanctioned amount for four months of Rs. 2000/- paid only Rs.1900/-.
It is submitted by the learned counsel for the petitioner that there is nothing on record to suggest that less payment was made to the beneficiaries under the Old Age Pension Scheme.
Moreover, the beneficiaries during investigation have suggested that they received the required
Patna High Court Cr.Misc. No.53 of 2016 (2) dt.05-01-2016 payment. It is further submitted that petitioner is not responsible for distributing the pension as it is being distributed by the Mukhiya and other Panchayat representatives. Statement has been made in para-3 of the petition that petitioner has no criminal antecedent. Considering the nature of irregularity, let the above named petitioner be released on bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IX, Gaya in connection with Tekari (Panchanpur) P.S. Case No. 389 of 2015, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Dinesh Kumar Singh, J) P.K./- U T