Akshayabar Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41600 of 2023 Arising Out of PS. Case No.-787 Year-2022 Thana- MADHEPURA District- Madhepura ====================================================== Akshayabar Ram son of Late Ram Kisun Ram Mohalla- Indra Naryan Colony Rd No-1, Near Pardih Chowk, Po- pardih Ps- Azadnagar Dist- East Singhbhum JharkhandAsst. Engineer Madhepura Ps Dist- Madhepura P/RKalyanpur Ps- Durgawati Dist- Kaimur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pramod Mishra, Advocate For the Opposite Party/s :
Dr.Mrityunjaya Kr.Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-08-2023
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Madhepura P.S. Case No. 787 of 2022 registered for the offences punishable under Sections 420, 409, 467 and 468 of the Indian Penal Code.
3. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that an amount of Rs. 57,27,553/- is recoverable from the petitioner with regard to work done in Madhepura Vidhan Sabha Chhetra for the financial year 2014-15 as the measurement book showed the work to be completed but on physical verification the work was found not completed, further
Patna High Court CR. MISC. No.41600 of 2023(2) dt.07-08-2023 2/3 the petitioner on several occasions was reminded to return the amount, but the same was not returned.
4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, it is next submitted that the FIR came to be instituted on 18.08.2022 when the allegation pertains to the period 2014-15, it is further submitted that the present FIR has been instituted only with a view to coerce the petitioner into submission as the authorities are aware that in terms of Bihar Pension Rules, they cannot proceed against the petitioner under Rule 43(B) as the occurrence is of 2014-15 and thus goes beyond the bar of four years period which is mandated under Rule 43(B). Learned counsel submits that petitioner had come to this Court for seeking his retiral benefits as he was not getting the same despite petitioner having been retired in the year 2015, it is also submitted that this Court had directed the authorities to pay ninety percent of the pension of the petitioner.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below
Patna High Court CR. MISC. No.41600 of 2023(2) dt.07-08-2023 3/3 within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Madhepura P.S. Case No. 787 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Rishi/- U T