Bhudeo Maholi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75679 of 2018 Arising Out of PS. Case No.-1000 Year-2016 Thana- BANKA District- Banka ====================================================== Bhudeo Maholi, Son of Bitthal Maholi, Resident of Kakwara, P.S.- Banka, District- Banka.

... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Chaudhary Prem Kumar Thakur For the Opposite Party/s :

Mr. Asharaf Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 02-05-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Banka P.S. Case no. 1000 of 2016 (G.R. No. 3670 of 2016), registered under Sections 420, 467, 468 and 471 of the Indian Penal Code.

The accusation is that petitioner being the District Executive Officer, Bihar State Schedule Caste Governmental Development Corporation, Banka realized the gratification to the beneficiaries of different schemes.

Learned counsel appearing on behalf of the petitioner submits that, in fact, the petitioner was posted as Executive Officer, Bihar State Schedule Caste Governmental Development Corporation, Banka, but he was transferred from

Patna High Court CR. MISC. No.75679 of 2018(4) dt.02-05-2019 2/2 Banka to Saharsa in the year 2016, thereafter, with ulterior motive, the present case has been lodged. Further submission is that while it is alleged in the F.I.R. that the petitioner took gratification from several beneficiaries, but name of the beneficiaries has not been disclosed in the case diary, which is up to paragraph No.69 and the statement of the beneficiaries have also not recorded during the course of investigation by the I.O in the case diary, which is upto paragraph-69 till 03.02.2019.

Having regard to the facts and circumstances of the case, 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 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 Chief Judicial Magistrate, Banka in connection with Banka P.S. Case No. 1000 of 2016 (G.R. No. 3670 of 2016), subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T