Rajesh Kumar Manjhi @ Shivsharan Manjhi @ Shiv Charan Manjhi v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.36559 of 2014 (2) dt.11-02-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36559 of 2014 Arising Out of PS.Case No. -47 Year- 2012 Thana -MAKER District- SARAN ====================================================== Rajesh Kumar Manjhi @ Shivsharan Manjhi @ Shiv Charan Manjhi, son of Late Mishri Lal Manjhi, resident of Village Fulwaria Tola Kapasahar, Police Station- Maker, District- Saran (Chapra), at present Mukhiya, Gram Panchayat Raj Fulwaria, Block Maker, District- Saran (Chapra). .... .... Petitioner.

Versus

1. The State of Bihar.

2. The Vigilance Department, Bihar, Patna.

.... .... Opposite Parties.

====================================================== Appearance :

For the Petitioner : Mr. Umesh Kumar Mishra For the State : Mr. Anusaiya Jaiswal, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 11-02-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in connection with Special Case No. 36 of 2012 arising out of Saran Maker P.S. Case No. 47 of 2012 registered under Section 420 of the Indian Penal Code and Sections 13(ii)13(i)e /19 of the Prevention of Corruption Act.

There is allegation that in the year 2006 during Panchayat election, the petitioner had shown his income as Rs.1,09,500/- in his affidavit and in the year 2011 during Panchayat election he had shown his income as Rs. 22,70,000/-. So there is a great difference between both the return during five years and an explanation was called for from the petitioner about the source of income but he did not submit his explanation hence this case has been lodged.

Having regard to the facts and circumstances of the case,

Patna High Court Cr.Misc. No.36559 of 2014 (2) dt.11-02-2015 the above named petitioner in the event of his arrest/surrender within a period of four weeks from the date of receipt of copy of order in the court below shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Vigilance (North Bihar), Muzaffarpur, in connection with Special Case No.36 of 2012 arising out of Saran Maker P.S. Case No. 47 of 2012, subject to condition as laid down under Section 438(2) of Cr.P.C. Further condition that petitioner will appear during investigation as and when required by the police. Further condition that petitioner will cooperate with the police during investigation and shall not change his address and any change of address shall be reported to the police. Further condition that petitioner shall appear to receive police papers on submission of charge sheet.

m.p.

(Gopal Prasad, J) U T