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Patna High CourtCR. MISC./33080/2019allowed

Dilip Kumar Ray v. The State Of Bihar

2019-08-23Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33080 of 2019 Arising Out of PS. Case No.-4 Year-2019 Thana- KUSHESHWARASTHAN DistrictDarbhanga ====================================================== Dilip Kumar Ray, aged about 55 years, Gender, Male, Son of Sri Chandra Keshri Ray, Resident of Village - Bisunia, P.S.- Kusheshwar Asthan, District - Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Diwakar Prasad Singh, Advocate For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-08-2019 Learned counsel for the petitioner has filed supplementary affidavit. Let it be kept on record. Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Kusheshwar Asthan P.S. Case No. 04 of 2019 registered for the offences punishable under Sections 406, 409, 420, 467, 468, 471 of the Indian Penal Code.

The petitioner was Mukhiya of Gram Panchayat Raj Ithar and Rs.18,06,000/- was entrusted to the petitioner and Panchayat Secretary for execution of different schemes in the year 2011-12 and 2014-15 but it appears that the petitioner and Panchayat Secretary did not do any work till the date of

Patna High Court CR. MISC. No.33080 of 2019(3) dt.23-08-2019 2/2 institution of the F.I.R.

By order dated 20.05.2019, a report was called for from the Block Development Officer, Kusheshwar Asthan East, Darbhanga about the stage of schemes entrusted to Mukhiya and Panchayat Secretary. In paragraph-6 of the supplementary affidavit, the report of the S.D.O. shows that all the work has been completed by the petitioner.

In the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Biraul at Darbhanga in connection with Kusheshwar Asthan P.S. Case No. 04 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) Nasimul/- U T