Ramnath Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48028 of 2014 Arising Out of PS.Case No. -223 Year- 2013 Thana -BARAULI District- GOPALGANJ ======================================================

1. Ramnath Manjhi Son of Bhola Manjhi, Resident of Village - Madhopur, P.S. - Barauli, District - Gopalganj.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ganjendra Kumar Singh For the Opposite Party/s : Mr. Pushpa Sinha(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 15-04-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with Barauli P.S. Case No. 223/2013 registered for the offences punishable under Sections 406 and 420 of the Indian Penal Code. Learned counsel for the petitioner submits that with regard to Scheme No. 1, the petitioner has conducted some construction work in the Panchayat Bhawan. It has been alleged that the petitioner neither spent the amount of Rs. 26, 536/- towards completion of the scheme nor he deposited the said money back in the account of the Gram Panchayat. Learned counsel for the petitioner however, submits that the present case has been lodged merely to harass the petitioner as the scheme and money in

Patna High Court Cr.Misc. No.48028 of 2014 (2) dt.15-04-2015 P2/2 question was utilized in the year 2003 itself and after a lapse of ten years, the present First Information Report has been filed in the year 2013 with malafide intention.

Considering the aforementioned submissions and also the fact that no reason has been assigned as to when he received the money for plaster work and as to why the Junior Engineer in question has not submitted his report till date and also the fact that the petitioner has no criminal antecedent, let the petitioner, in the event of his arrest / surrender within a period of two weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the each amount to the satisfaction of the learned Chief Judicial Magistrate, Gopalganj in connection with Barauli P.S. Case No. 223/2013 subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Anjana Mishra, J) Saif/- U T