Manoj Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35673 of 2019 Arising Out of PS. Case No.-48 Year-2019 Thana- KHAIRA District- Jamui ====================================================== 1.
MANOJ DAS S/o Late Arjun Das R/o village- Gopalpur, P.S.- Khaira, District- Jamui 2.
Mahendra Das S/o Durga Das R/o village- Gopalpur, P.S.- Khaira, DistrictJamui ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shivendra Kumar Sinha For the Opposite Party/s :
Mr.Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-08-2019 This application, for grant of anticipatory bail, arises out of Khaira P.S. Case No. 48 of 2019, disclosing offences under Sections 406, 420/34 of the Indian Penal Code. Allegation against the petitioners is of collecting an amount of Rs. 2,000/- from the applicants for allotment of fund under Sauchalaya scheme for construction of toilet. Submission of learned counsel for the petitioners is that as a matter of fact the petitioners have raised grievance against the informant Block Development Officer for his misdeeds and due to which, the petitioners have falsely been made accused in this case.
Learned counsel for the State opposed the prayer for
Patna High Court CR. MISC. No.35673 of 2019(3) dt.09-08-2019 2/2 bail and drawn the attention of this Court towards para 5 to 11 of the case diary and submitted that the beneficiaries of the scheme have also supported the allegation.
Having heard both sides, considering the facts and circumstances of the case, I am not inclined to grant the privilege of anticipatory bail to the petitioners rather petitioners may surrender before the court below and make prayer for regular bail and if any such application is filed, the court below will dispose of the same on the merit of the case, without being prejudiced by this order.
This application is, accordingly, dismissed . (Vinod Kumar Sinha, J) sunilkumar/- U T