Dilip Sah v. The State Of Bihar Through D. G. Vigilance Bihar, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15262 of 2017 Arising Out of PS.Case No. -156 Year- 2013 Thana -BOCHHA District- MUZAFFARPUR ====================================================== Dilip Sah, Son of Baijnath Sah, Resident of Village- Rahasi, P.S. Bochahan, District Muzaffarpur.

.... .... Petitioner

Versus

The State of Bihar Through D. G. Vigilance Bihar, Patna .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Hari Kishore Thakur For the Opposite Party/s : Mr. Ramakant Sharma (L.O.,Inc.), Vigilance) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 10-07-2017 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of D.G. Vigilance, Bihar Patna. The petitioner apprehends his arrest in connection with Bochahan P.S. Case no. 156 of 2013 (Special Case No. 25 of 2013) registered under Sections 420, 467, 468, 471 and 406 of the Indian Penal Code and Section 13 of the Prevention of Corruption Act. The accusation is that Pankaj Kumar Purosottam, Panchayat Sevak of Panchayat Raj Balthi Rasulpur, DistrictMuzaffarpur in connivance with the then Panchayat Sevak Vijay Kumar Singh and the then Mukhiya (Petitioner) issued alive certificate of Madina Khatoon, who had died in the year 2008, for providing the benefits under the Indira Awas Yojana and also withdrawn Rs. 45,000/- in her name.

Patna High Court Cr.Misc. No.15262 of 2017 (5) dt.10-07-2017 2/2 Learned counsel for the petitioner submits that admittedly, the petitioner was Mukhiya of Panchayat Balthi, but he lost the election in the year 2011 and alive certificate, which is said to be issued in the name of deceased Madina Khatoon on 10.12.2011 as such the petitioner had not issued the same and this fact has also come in para 8 of the case diary.

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 Spl. Judge Vigilance, North Bihar, Muzaffarpur in connection with Bochahan P.S. Case No. 156 of 2013 (Spl. Case No. 25 of 2013), subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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