Patna High CourtCR. MISC./12949/2015bail granted

Bijay Kumar Das v. The State Of Bihar

2015-04-01Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12949 of 2015 Arising Out of PS.Case No. -15 Year- 2011 Thana -NATHNAGAR District- BHAGALPUR ====================================================== Bijay Kumar Das, Son of late Kanhai Das, Resident of village - Maniyarpur, P.S. Nathnagar (Madhusudanpur), District - Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Janki Nandan Prasad For the Opposite Party/s : Mr. M.Rab (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 01-04-2015 Heard learned counsels for the petitioner and the State.

The petitioner is languishing in custody since 29.01.2015 in a case registered for the offences punishable under Sections 409 and 420 of the Indian Penal Code. It is alleged that in Scheme No. 03/2006-07 Community Hall under Ambedkar Chaupal was constructed by the petitioner being the Panchayat Mukhiya. The enquiry was conducted by the Block Development Officer, Nathnagar, the same is the part of the FIR, which reflects that the construction was found satisfactory, but construction was made adjacent to the courtyard of the petitioner, hence, it was basically used for personal purposes. For the scheme of 2006-07 the slumber of the

Patna High Court Cr.Misc. No.12949 of 2015 (02) dt.01-04-2015 2/2 administration broke in 2011. The report of the Block Development Officer does not suggest any defect in the construction. So far as the selection of place of construction is concerned, the Block Development Officer cannot absolve himself of the same, moreover, no objection with regard to selection of place of construction when construction was going on. Considering the report of the Block Development Officer particularly the delayed lodging of the FIR, let the above named petitioner, 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 Judicial Magistrate, Ist Class, Bhagalpur in connection with Nathnagar (Madhusudanpur) P.S. Case No. 15 of 2011.

(Dinesh Kumar Singh, J) DKS/- U T