Nathuni Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24415 of 2015 Arising Out of PS.Case No. -48 Year- 2014 Thana -MURAR District- BUXAR ====================================================== Nathuni Prasad .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Binod Kumar Singh For the Opposite Party/s : Mr. A.Dayal (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-06-2015 Heard learned counsels for the petitioner and the State. The petitioner being the then Panchayat Secretary is apprehending arrest in a case registered for the offences punishable under Sections 408, 409 and 420/34 of the Indian Penal Code.

The accusation is of misappropriating Government fund to the tune of Rs. 22,70,200/- with regard to installation of solar lights.

It is submitted by learned counsel for the petitioner that BREDA issued direction for purchase of solar lights from Tata B.P. company vide letter no. 124-4 dated 13.11.2006, hence solar lights were being purchased from Tata B.P. company at the lesser rate than the rate approved by the BREDA and considering the same, the present Panchayat Secretary and Panchayat Mukhiya

Patna High Court Cr.Misc. No.24415 of 2015 (2) dt.29-06-2015 2/2 have been granted anticipatory bail vide Cr. Misc. Nos. 7769 of 2015 and 12307 of 2015. for the purchase made in the year 200809 to 2012-13, the FIR has been lodged maliciously in the year 2014.

Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Buxar in connection with Murar P.S. Case No. 48 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Amrendra/- U T