Patna High CourtCR. MISC./36206/2019disposed

Deobansh Pathak v. The State Of Bihar

2019-09-06Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36206 of 2019 Arising Out of PS. Case No.-478 Year-2018 Thana- DINARA District- Rohtas ====================================================== Deobansh Pathak, Son of Sri Jagarnath Pathak, Resident of Village - Pathak Semari, P.S.- Sheosagar, District - Rohtas at Sasaram. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Kumar Roy For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-09-2019 This is an application for grant of anticipatory bail in connection with Dinara P.S. Case No. 478 of 2018, disclosing offences under Sections 409, 420, 467, 468, 469 and 34 of IPC. Petitioner happens to be the Panchayat Secretary of Prakhand Kochas. Allegation against the petitioner is that without having power he withdraw the amount meant for Chief Minister Gali Nali Yojana.

Submission of learned counsel for the petitioner is that earlier power was vested to the Mukhiya of the Panchayat, but later on, it has been set aside by the High Court in a writ application and during that period he has withdrawn the amount and completed the work assigned him and he is ready to produce the documents relating to completion of work. Heard learned APP also.

Patna High Court CR. MISC. No.36206 of 2019(5) dt.06-09-2019 2/2 Having heard both sides, in view of the facts and circumstances, as stated above, let petitioner surrender within a period of two weeks from the date of receipt of certified copy of this order and produce the documents showing completion of work before the court below, who will release him on provisional bail for a period of 02 months to his own satisfaction and get that documents verified by the appropriate authority. Once report is received and the court below is satisfied with the same, the bail bonds of the petitioner shall be confirmed, otherwise petitioner has to surrender and pray for regular bail.

With the aforesaid observations, this application is disposed of.

(Vinod Kumar Sinha, J) Sunil Shukla/- U T