Subash Shukla @ Subhash Shukla v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.79899 of 2018 Arising Out of PS. Case No.-153 Year-2017 Thana- MANJHAGARH District- Gopalganj ====================================================== Subash Shukla @ Subhash Shukla, Panchayat Secretary, S/o Kailash Patti Shukla, R/o village- Dharahara Mela, P.S.- Kateya, District- Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satyendra Rai For the Opposite Party/s :

Mr. Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 16-01-2019 The petitioner seeks bail in anticipation of his arrest in connection with Manjhagarh P.S. Case No. 153 of 2017, dated 22.08.2017, instituted for the offences under Sections 420 and 409/34 of the Indian Penal Code. The petitioner at the relevant time was the Panchayat Secretary of Panchayat Raj Manjha (East). The allegation in the F.I.R. is of withdrawal of Rs. 44,75,874/- under various schemes of development but some of the

Patna High Court Cr.Misc. No.79899 of 2018(2) dt.16-01-2019 2/3 works were not completed and, therefore, the only presumption was that the government money has been defalcated.

The learned counsel for the petitioner has submitted that the Mukhiya is the President of the Lok Nirman Samiti at the Panchayat level and he is only authorized to appoint an agent for executing the works under various schemes. That apart, it has been submitted that the husband of the Mukhiya, in the present case, is an influential person who actually had his last say in the appointment of the agent for executing the work. So far as the petitioner is concerned, he had to remain a mute spectator as he, in his capacity as Panchayat Secretary, did not have any role to play in the matters of construction under various schemes. It has also been brought to the notice of the Court that the Mukhiya of the concerned Panchayat has been granted anticipatory bail by the Court below but for a limited duration, i.e., till the submission of the charge-sheet. Considering the facts aforestated, the petitioner, above named, in the event of his arrest or surrender before

Patna High Court Cr.Misc. No.79899 of 2018(2) dt.16-01-2019 3/3 the learned Court below within a period of four weeks from the date of receipt/production of a copy of the present order, 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 Chief Judicial Magistrate, Gopalganj in connection with Manjhagarh P.S. Case No. 153 of 2017, subject to the conditions laid down under Section 438(2) of the Cr.P.C. (Ashutosh Kumar, J) Praveen-II/- U T