Binod Singh @ Binod Prasad And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56340 of 2015 Arising Out of PS.Case No. -74 Year- 2013 Thana -ROHTAS COMPLAINT CASE DistrictSASARAM (ROHTAS) ======================================================

1. Binod Singh @ Binod Prasad, S/o Ambika Singh, resident of villagePanapur, P.S.- Nasariganj, District- Rohtas

2. Anand Raj Keshari @ Anand Keshari, S/o Late Bishwanath Prasad Keshri, resident of main road, Daudnagar, P.S.- Daudnagar, DistrictAurangabad

3. Dara Ram, S/o Late Ram Dhani Ram, resident of village- Panduka, P.S.- Chutiya, district- Rohtas .... .... Petitioner/s

Versus

1. The State of Bihar

2. Dwarika Yadav, S/o Late Dukhat Yadav, resident of village- Parchha, P.S.-Chutia, District- Rohtas .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rakesh Singh, Advocate For the Opposite Party/s : Mr. B.M.P.Sinha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11-12-2015 Heard learned counsel for the petitioners and the State.

The petitioners are apprehending their arrest in a complaint case in which processes have been directed to be issued after cognizance being taken for the offences punishable under Sections 420, 409, 477A, 218, 468, 120B of the Indian Penal Code.

The prosecution case is that the petitioners being Ex- Panchayat Rojgar Sevak, present Panchayat Rojgar Sevak and present Mukhiya misappropriated Rs.2,59,080/- of wages of the complainant and others under the MNREGA scheme. It is submitted by the learned counsel for the

Patna High Court Cr.Misc. No.56340 of 2015 (2) dt.11-12-2015 petitioners that the claim of the complainant that payment for 200 days were withdrawn by the authorities, it appears to be unreasonable as the maximum payment for 100 days has to be made in the year. Moreover, with regard to one of the relatives of the complainant Kanhai, it was found that Job Card was not prepared. It is further submitted that now non-bailable warrant has been issued.

Considering the nature of allegation, let the above named petitioners be released on bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Sri Sanjay Kumar Singh, J.M., Ist Class, Dehri-on-sone, Rohtas in connection with Complaint Case No. 74 of 2013, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Dinesh Kumar Singh, J) P.K./- U T