Akhilesh Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47648 of 2018 Arising Out of PS. Case No.-93 Year-2018 Thana- SIMRI District- Buxar ====================================================== Akhilesh Kumar Singh S/o Late Keshwanand Singh resident of Village- Gudri Singh ke Tola, PO- Pandeypur, PS- Bairiya, District- Balliya State- U.P. presently posted as Block Welfare Officer, Lauriya, P.S.- Lauriya, Betiya, West Champaran, Bihar.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bimlesh Kumar Jha For the Opposite Party/s :
Mr. Sri Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 31-08-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner apprehends his arrest in Simri P.S. case no. 93 of 2018, instituted for the offence under Section(s) 419, 420, 467, 468, 471 and 120B of the Indian Penal Code. In the written report, it is alleged that Mrs. Rita Devi W/o Munna Paswan of Gram Panchayat Dulah pur, Simri has obtained the benefit of Indira Awas Yojana thrice for the financial years 2007-2008, 2013-2014 and 2015-2016 by mentioning herself as wife of three different persons. Learned counsel for the petitioner submits that he was Welfare Officer Simri Block in the Financial Year 2007-08 and on the basis of recommendation of Panchayat Secretary, he has
Patna High Court Cr.Misc. No.47648 of 2018(2) dt.31-08-2018 2/3 recommended the name of Rita Devi for the benefit of Indira Awas Yojana as she was entitled for the amount of Indira Awas Yojana. He has no concern with the amount which was given to Rita Devi for the financial years 2013-14 and 2015-16 and he was not posted on that block and the money was paid on the recommendation of the different persons which is mentioned in the written report itself.
In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Simri P.S. case no. 93 of 2018, he shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the CJM, Buxar, subject to the conditions as laid down under Section 438(2) Cr. P. C. with further conditions:(1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the
Patna High Court Cr.Misc. No.47648 of 2018(2) dt.31-08-2018 3/3 case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(Sanjay Priya, J) shyambihari/- U T