Samresh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56139 of 2015 Arising Out of PS.Case No. -315 Year- 2015 Thana -HARNAUT District- NALANDA (BIHARSHARIFF) ======================================================

1. Samresh Kumar Son of Banaras Prasad Singh, Resident of Village - Pachi Tara, P.S. - Rahui, District - Nalanda, at present working as Kishan Salahkar under Gram Panchayat Chauriya, P.S. - Harnaut, District - Nalanda.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Mishra, Advocate For the Opposite Party/s : Mr. Atul Chandra (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 10-12-2015 Heard learned counsel for the petitioner and the State.

The petitioner being the Agriculture Advisor is apprehending his arrest in a case registered for the offences punishable under Sections 420, 406 of the Indian Penal Code.

The prosecution case is that the petitioner received the applications from the prospective beneficiaries of the compensation with regard to damage of the crop during flood from fixitious person and got the compensation discharge.

It is submitted by the learned counsel for the petitioner that initially complaint was made by one Navin

Patna High Court Cr.Misc. No.56139 of 2015 (2) dt.10-12-2015 Kumar against the Block Agriculture Officer, but the Block Agriculture Officer in order to save his skin lodged the present case against the petitioner. The Agriculture Advisor has no role either in sanction and distribution of the crop compensation to the flood victims. Statement has been made in para-3 of the petition that petitioner has no criminal antecedent. Considering the aforesaid facts, let the above named petitioner be released on bail in the event of his 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) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-V, Nalanda at Biharsharif in connection with Harnaut P.S. Case No. 315 of 2015, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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