Satya Narayan Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.849 of 2017 (3) dt.04-04-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.849 of 2017 Arising Out of PS.Case No. -43 Year- 2016 Thana -MADHEPUR District- MADHUBANI ======================================================

1. Satya Narayan Yadav Son of : late Yaddu Yadav Resident of Village & P.O. Sapta, Police Station: Rahika, District: Madhubani. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prafull Chandra Jha For the Opposite Party/s : Mr. Sri Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 04-04-2017 Heard learned counsel for the petitioner, and the learned counsel representing the State.

The petitioner apprehends his arrest in connection with Madhepur P.S Case No. 43 of 2016 registered for the offences punishable under Sections 406, 409, 420, 467, 468 and 120(B) of the Indian Penal Code.

Allegedly, Under Indira Awas Scheme after committing irregularities and illegalities in collusion and conspiracy the accused persons have misappropriated the government amount and list for Indira Awas Scheme has been ignored and as per choice Indira Awas has been allotted some persons have been allotted Indira Awas for more than one and the petitioner being the head clerk was also involved in the conspiracy.

Submission is of false implication and that on the basis of report of Sub-Divisional Officer, Jhanjharpur, this case has been registered wherein, there is no allegation against the

Patna High Court Cr.Misc. No.849 of 2017 (3) dt.04-04-2017 petitioner. The petitioner has already retired from service on 31.07.2015 and this F.I.R. has been lodged on 14.07.2016. Vinay Kumar Jha, the then Senior Branch Manager and Rabindra Nath Raju, the Najir have been allowed pre-arrest bail, and, as such, the petitioner, having no concern, also deserves sympathetic consideration.

Learned A.P.P. after going through the case diary and F.I.R. fairly submits that against the petitioner there is no specific allegation.

In the facts and circumstances stated above, the petitioner in the event of his arrest or surrender within six weeks from the date of receipt/production of a copy of the order shall be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate, Jhanjharpur in connection with Madhepur P.S. Case No. 43 of 2016 (G.R. No. 1132 of 2016) subject to the conditions as laid down in Section 438(2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) sushma/- U T