Ajay Kumar Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35339 of 2019 Arising Out of PS. Case No.-30 Year-2018 Thana- MANIGACHI District- Darbhanga ====================================================== Ajay Kumar Thakur, son of Sri Chatuurbhuj Thakur, resident of Village - Sotea Brahampur, P.S.- Kamtaul, Distt.- Dharbhanga. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Upendra Kumar Singh, Advocate For the Opposite Party/s :

Mr.Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 29-05-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is in custody in connection with Manigachi P.S. Case No.30 of 2018, G.R. No.323 of 2018 for the offences under Sections 406, 409, 420 and 34 of the Indian Penal Code.

Learned counsel for the petitioner submits that petitioner has no criminal antecedent. Petitioner is Panchayat Secretary of Gram Panchayat Bihast- Bathia and in the process of execution of certain works in different schemes of 13th & 14th Finance Funds have been allotted to him but without completing the work, the amount has been withdrawn from the panchayat account and he has also not handed over the records of these schemes.

Patna High Court CR. MISC. No.35339 of 2019(2) dt.29-05-2019 2/2 Learned counsel for the petitioner submits that the petitioner has utilized the fund for different schemes and is ready for measurement and accounting. In fact the petitioner has utilized the fund properly and there is no defalcation. Considering the aforesaid, the Court is inclined to grant bail to the petitioner. Let the petitioner, named above, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additioal Chief Judicial Magistrate-Vth, Darbhanga, in connection with Manigachi P.S. Case No.30 of 2018 subject to the condition that petitioner will extend co-operate in measurement of the entire work carried out by the panchayat under 13th & 14th finance scheme. In the event, after accounting and determination of amount payable by the petitioner, the petitioner shall refund the payable amount determined afresh within a period of one year from the date of this order.

(Anil Kumar Upadhyay, J) sunil/- U T