Bharat Kumar Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.32720 of 2018 Arising Out of PS.Case No. -171 Year- 2017 Thana -CHAUTHAM District- KHAGARIA ======================================================
1. Bharat Kumar Yadav (Sarpanch Rohiyar) Son of Janardan Yadav
2. Hari Narayan Thakur (Congress Committee, Rohiyar) Son of Kailash Thakur
3. Murari Kumar (Panchayat Chairman Rohiyar, Bhartiya Janta Party) Son of Upendra Das All are residents of Village - Rohiyar, Police Station - Mansi, District - Khagaria.
.... .... Petitioners
Versus
1. The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Viveka Nandsingh, Advocate For the Opposite Party/s : Mr. Sri Manish Kumar 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 29-06-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor of the State.
The petitioners are apprehending their arrest in connection with Chautham P.S. Case No. 171 of 2017, registered for offences punishable under Sections 406, 420, 467, 468 and 471/34 of the Indian Penal Code.
The allegation against the petitioners is that they have prepared the list of beneficiary in which six persons were not resident of the village and they were not married and as such they have caused irregularity and also caused the misappropriation of the fund.
Submission of the learned counsel for the petitioners is that there is allegation of vague nature and allegation against the petitioners, who are Sarpanch, Member of the Congress
Patna High Court Cr.Misc. No.32720 of 2018 (2) dt.29-06-2018 2/2 Committee and Panchayat Chairman and the amount has not disclosed that how much amount was misappropriated. Learned Additional Public Prosecutor opposes the prayer of bail.
Having heard both sides and in view of the facts and circumstances, as discussed above, let the petitioners above named, in the event of their arrest or surrender before the Court below within a period of six weeks from the date of the order, be released on anticipatory bail on furnishing bail bonds of Rs. 25,000/- (Twenty five thousand) each with two sureties of the like amount each in connection with Chautham P.S. Case No. 171 of 2017 to the satisfaction of Sri Brajesh Kumar, Judicial Magistrate, 1st Class, Khagaria, subject to the conditions laid down under Section 438 ( 2) Cr.P.C. with other that bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned and petitioners shall cooperate in the investigation and shall be present before the police as and when required, otherwise prosecution is at liberty to move for cancellation of their bail bonds.
(Vinod Kumar Sinha, J) Sudha/Priyanka/- U T