Ramshresth Prasad Singh @ Ramshresth Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.6419 of 2018 Arising Out of PS.Case No. -389 Year- 2016 Thana -SARAIYA District- MUZAFFARPUR ====================================================== Ramshresth Prasad Singh @ Ramshresth Singh, Son of Late Uchit Singh, Resident of Village-Cheraila, P.S.-Gaighat, District-Muzaffarpur (Retd. Gram Panchayat Sachiv Gram Panchayat Raj Repura Rampur Vishwanath Block and P.S.-Saraiya, District-Muzaffarpur. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ravi Ranjan For the Opposite Party/s : Mr. Sri Dilip Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 01-02-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 409 and 420/34 of the Indian Penal Code.
The prosecution case as per the written report of Block Development Officer, Saraiya submitted to the Station House Officer of Saraiya Police Station on 09.11.2016 is to the effect that the petitioner being the then Panchayat Secretary of Gram Panchayat Repura Rampur Vishwanath in league with Panchayat Mukhiya Ram Pravesh Rai misappropriated the funds in various schemes in the year 2006. It is submitted by learned counsel for the
Patna High Court Cr.Misc. No.6419 of 2018 (2) dt.01-02-2018 petitioner that the accusation is of misappropriation of fund in 2006 when the petitioner was posted as Panchayat Secretary on 28.11.2011 and superannuated in September 2016. The petitioner executed the scheme in 2012-13 being Scheme No. 02 of 2013-14, which has been executed and the balance amount has been deposited in the Panchayat. The same has been found true by the Additional Collector during enquiry. It is further submitted that on the basis of the finding that no substantial material has been attributed, co-accused Ram Pravesh Rai has been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 21.06.2017 passed in Cr. Misc. No. 9392 of 2017.
Learned APP submits that the accusation is specific against the petitioner.
Considering the fact that the petitioner was not posted in the Panchayat in the alleged year of the accusation coupled with the fact that the petitioner has already retired and co-accused Panchayat Mukhiya has been granted anticipatory bail, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of
Patna High Court Cr.Misc. No.6419 of 2018 (2) dt.01-02-2018 the like amount each to the satisfaction of learned Sub-Judge 1st -cum- Additional Chief Judicial Magistrate (West), Muzaffarpur in connection with Saraiya P.S. Case No. 389 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) DKS/- U T