Arun Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.70014 of 2018 Arising Out of PS. Case No.-111 Year-2018 Thana- TARARI District- Bhojpur ====================================================== Arun Kumar Singh, Son of Ayodhya Singh, Resident of Village- Karath, P.S.- Tarari, District- Bhojpur.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ravi Ranjan For the Opposite Party/s :
Mr. Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-12-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 406, 409, 420, 466, 468, 471 and 34 of the Indian Penal Code.
The prosecution case as per the written report of Block Development Officer, Tarari submitted to the S.H.O. Tarari is to the effect that the petitioner obtained old age pension fraudulently. It is further alleged that the petitioner is aged about 40 years, despite of knowing this fact the Panchayat Secretary recommended his name for National Old Age Pension. The petitioner is not entitled for National Old Age Pension as the age limit for getting the pension is 60 years.
It is submitted by learned counsel for the petitioner that vide letter dated 05.07.2018, as contained in Annexure-3, Block
Patna High Court Cr.Misc. No.70014 of 2018(2) dt.05-12-2018 2/2 Development Officer, Tarari intimated the petitioner that his Old Age Pension has been cancelled and further directed him to return the amount received under the said Pension Scheme, from 01.03.2013 to 01.12.2017 to the tune of Rs. 16,400/-. It is further submitted that the amount received by the petitioner under Old Age Pension has been returned even before lodging of the F.I.R.
It is submitted by learned APP for the State the petitioner is named in the F.I.R.
Considering the fact that amount has been returned in pursuance to the notice dated 05.07.2018, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 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 the learned ACJM IX, Bhojpur in connection with Tarari P.S. Case No. 111 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) Deepak/Rahul/- U T