Hareram Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33109 of 2019 Arising Out of PS. Case No.-115 Year-2017 Thana- SHRI NAGAR District- Madhepura ====================================================== Hareram Sah, Aged about 59 years, Male, Son of Late Dunilal Sah, Rtd. Panchayat Secretary of Laxmipur Bhagwati Panchayat, At present Village Korihar, Ward no. 07, P.S. Gamhariya, District Madhepura. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dinesh Prasad Verma For the Opposite Party/s :
Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 20-05-2019 Heard both sides.
Petitioner apprehends his arrest in Srinagar P.S. Case No.115 of 2017, registered under Sections 420, 406, 409 and 34 of the Indian Penal Code.
The Block Development Officer-informant lodged the case on the direction of the District Magistrate, Madhepura that the petitioner along with the then Mukhia Sri Yoganand Yadav, Smt. Madhiya Devi and Smt. Kiran Devi, the then Member, Panchayat Samiti committed different irregularities in construction of Indira Awas Yojna.
Learned counsel for the petitioner submits that the petitioner was Panchayat Secretary at that time. The petitioner did not commit any misappropriation of any amount and after
Patna High Court CR. MISC. No.33109 of 2019(2) dt.20-05-2019 2/2 retirement of the petitioner, the case has been lodged. Similarly situated co-accused, Smt. Madhiya Devi, former Mukhiya of Laxmipur Bhagwati Panchayat has already been granted anticipatory bail by order dated 28.08.2018, passed in Cr. Misc. No. 49388 of 2018. The case of the petitioner stands on the same footing.
Considering the facts that the petitioner is a retired Panchayat Secretary and the Mukhiya of Gram Panchayat for the year 2011 to 2016 has already been granted anticipatory bail, let petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt of this order, 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 the learned C.J.M., Madhepura in connection with Srinagar P.S. Case No.115 of 2017, subject to the conditions laid down under Section 438(2) Cr.P.C.
(Prabhat Kumar Jha, J) S.KUMAR/- U T