Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14196 of 2017 Arising Out of PS.Case No. -263 Year- 2016 Thana -DHAKA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Pankaj Kumar, Son of Sri Biswanath Singh, resident of villageBarashankar, Police Station- Patahi, District- East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manoj Kumar Singh For the Opposite Party/s : Mr. Smt. Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 16-05-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Dhaka P.S. Case No. 263 of 2016 registered under Sections 420 and 409 of the Indian Penal Code.

Learned counsel appearing on behalf of the petitioner submits that on perusal of Annxures-2, 3, and 4, it appears that Executive officer and Chairman of Nagar Pahchayat gave pressure upon the petitioner to enter the amount in the Account Register, but on refusal of the same, false case was lodged against the petitioner for defalcation of money. The fact is that the petitioner entered the amount in the account register that was duly approved and counter signed by the Board and Executive

Patna High Court Cr.Misc. No.14196 of 2017 (3) dt.16-05-2017 2/2 Officer, which was verified by the Vigilance Committee and petitioner also without cash book refused to prepare his account register. Further submission is that petitioner earlier also filed Complaint Case no. 457 of 2007 against the then Executive Officer, who gave pressure upon the petitioner to withdraw the same. Thereafter, he lodged this false and fabricated case against the petitioner with a view to harass him.

Having considered the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the S.D.J.M., Sikrahana Dhaka, East Champaran in connection with Dhaka P.S. Case No. 263 of 2016, subject to the condition as laid down under Section 438(2) of the Cr. P.C.

(Arvind Srivastava, J) Shailendra/- U T