Yadunandan Rai @ Yadunandan Roy v. The State Of Bihar

Patna High Court Cr.Misc. No.11131 of 2016 (2) dt.02-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11131 of 2016 Arising Out of PS.Case No. -126 Year- 2013 Thana -AJAMNAGAR District- KATIHAR ====================================================== Yadunandan Rai @ Yadunandan Roy, son of Late Mahendra Nath Roy, Resident of Village-Kurhela Bobra, P.S.- Kadwa, District- Katihar. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Aaruni Singh, Advocate For the Opposite Party : Mr. Dr. Rabindra Kr, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-05-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Azamnagar P.S. Case No. 126 of 2013 for the offences instituted under Sections 420/34 of the Indian Penal Code. As per prosecution case, the informant alleging therein that the beneficiaries of Azamnagar Panchayat, namely, Suhagan Ara, Kanchani Devi and Budhiya Devi have applied for getting benefit under National Family Welfare Scheme, enclosing with forged and bogus BPL papers, which was verified by the Panchayat Sachiv, the petitioner in this case which was communicated to the SDO Barsoi vide letter no.1233 dated 11.05.2013. Subsequently, on the direction of the SDO, Barsoi,

Patna High Court Cr.Misc. No.11131 of 2016 (2) dt.02-05-2016 FIR was lodged against the accused persons.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. Petitioner is not named in the FIR. The information regarding the incident was made by the petitioner who is the BDO and on the said information, the present prosecution case was instituted. No wrongful loss or wrongful gain has been made on the part of the petitioner. Petitioner is a government servant.

On behalf of the State, it has been submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Azamnagar P.S. Case No. 126 of 2013 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri D.K.Rai, Judicial Magistrate, Ist Class, Katihar, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) B.Kr./- U T