Shambhu Kumar @ Shambhu Kumar Sisodia v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10665 of 2018 Arising Out of PS.Case No. -215 Year- 2017 Thana -NARHAT District- NAWADA ======================================================

1. Shambhu Kumar @ Shambhu Kumar Sisodia S/o Sri Bharat Paswan, R/o Village- Dola, P.S.- Pakribarawan, District- Nawada, at present Posted as the Panchayat Secretary, Gram Panchayat Raj, Babhnaur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Surendra Kishore Thakur For the Opposite Party/s : Mr. Sri Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-05-2018 The petitioner is apprehending his arrest in connection with Narhat P.S. Case No. 215/2017, registered for offences punishable under Sections 467, 468, 471, 406, 409, 420, 353, 120(B)/34 of the Indian Penal Code.

Petitioner is panchayat secretary and allegation against him that he in connivance with mukhiya misappropriated an amount of Rs. 12,45,000/- by withdrawing the same without recommendation of Prakhand Sachiv Anusharman Unit. It has been submitted on behalf of the petitioner that petitioner has nothing to do with the allegation rather and he has been made accused only on the basis of misconception and misunderstanding without appreciating the real facts an circumstances. It has further been submitted that withdrawal of the

Patna High Court Cr.Misc. No.10665 of 2018 (3) dt.02-05-2018 2/2 amount is not directly made rather the same was transferred in the account of selected Ward Execution and Management Committee. Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case, this application is disposed of with direction to the petitioner to surrender in the court below within a period of four weeks and on his surrender the court below shall release the petitioner on bail to his own satisfaction, till submission of charge-sheet and once charge-sheet is submitted and if the case is found true, the petitioner has to surrender before the court below and pray for regular bail, which will be considered by the court below on the basis of materials available at that time. (Vinod Kumar Sinha, J) sunil/- U T