Dharmendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30899 of 2020 Arising Out of PS. Case No.-59 Year-2019 Thana- ATRI District- Gaya ====================================================== Dharmendra Kumar, aged about 34 years, male, Son of Jainandan Prasad, Resident of Village- Palanki, P.S.- Atri, District- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Ranjan, Adv.

For the Opposite Party/s :

Mr. Vinod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 23-12-2020 Heard Mr. Rajesh Ranjan, learned counsel for the petitioner and Mr. Vinod Kumar, learned APP for the State. The petitioner seeks bail in anticipation of his arrest in connection with Atri P.S. Case No. 59 of 2019, dated 15.12.2019, instituted for the offence under Section 409 of the Indian Penal Code.

The petitioner, who is a Gramin Awas Sahayak in Mohra Block, has been alleged to have misplaced the forms

Patna High Court CR. MISC. No.30899 of 2020(2) dt.23-12-2020 2/3 of details of the beneficiaries of Pradhan Mantri Awas Yojana (Gramin). According to the First Information Report, the money was transferred in the account of the beneficiaries, but after the transfer of the petitioner from the aforesaid Block, the informant was not provided with the details of such beneficiaries.

It has been submitted on behalf of the petitioner that on vague and baseless grounds, the present F.I.R. has been registered. The petitioner had joined the Block as Gramin Awas Sahayak sometimes in the month of March, 2014, but later, after about five years, he was transferred to Imamganj Block and handed over the charge to his immediate superior. At the time of handing over the charge, all the documents were handed over. It has further been submitted that the F.I.R. appears to have been lodged after four months of the transfer of the petitioner and no explanation also has been offered for such delayed lodging of the F.I.R.

Regard being had to the vague nature of accusation against the petitioner, he, in the event of his

Patna High Court CR. MISC. No.30899 of 2020(2) dt.23-12-2020 3/3 arrest or surrender before the learned Court below within a period of eight weeks, is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VIII, Gaya, in connection with Atri P.S. Case No. 59 of 2019, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

(Ashutosh Kumar, J) Praveen-II/- U T