Awadhesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30916 of 2022 Arising Out of PS. Case No.-64 Year-2022 Thana- LALGANJ District- Vaishali ====================================================== Awadhesh Singh Son Of Late Kapildeo Singh Resident Of Village- Namidih, P.S.- Lalganj, District- Vaishali ... Petitioner

Versus

The State Of Bihar ... Opposite Party ====================================================== Appearance :

For the Petitioner :Mrs.Vaishnavi Singh, Advocate For the State :Mrs.Madhuri Lata, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 10-10-2022 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in a case registered for the offence punishable under sections 406, 420, 409/34 of the Indian Penal Code.

Prosecution case is that the petitioner, who is exMukhia, in connivance with other accused persons, facilitated payment of benefits of Indira Aawas Yojana to some other person, which was to be given to the informant's parents. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that petitioner is ex-Mukhiya of the Gram Panchayat and he has no role in selection of beneficiaries of the scheme. As a matter of fact, once list of beneficiaries of the scheme in its format is prepared, the same is retained in the block office and on the basis of the said seniority list, money is released in the account of concerned beneficiaries under the signature of the Block Development Officer, who is authorised to verify documents as to whether it belongs to the real beneficiary or not. Besides this, petitioner has got no concern with the family of beneficiary Nisha Kumari because partition in the family was made much earlier.

Considering the aforesaid facts of the case, prayer for

Patna High Court CR. MISC. No.30916 of 2022(2) dt.10-10-2022 2/2 bail of the petitioner is allowed. In the event of arrest/surrender within six weeks from today, let the petitioner mentioned above 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 Chief Judicial Magistrate, Vaishali at Hajipur in Lalganj Police Station Case No. 64 of 2022, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Shashi U T