Krishna Deo Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34501 of 2016 Arising Out of PS.Case No. -471 Year- 2013 Thana -DEHRINAGAR District- SASARAM (ROHTAS) ======================================================
1. Krishna Deo Paswan son of late Harkhu Paswan, resident of Village Jhau Khanbda, P.S. Sarairanjan District Samastipur, at present posted Head Clerk of Nagar Parishad, Dehri (Dalmia Nagar), P.S. Dehari Dist Rohtas .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjay Kumar @ Manu For the Opposite Party/s : Mr. Murlidhar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-09-2016 Heard both sides.
The petitioner apprehends his arrest in Dehri (T) P.S. case No. 471 of 2013 under Section 409 and other Sections of the Indian Penal Code.
The petitioner is the informant of the case. The petitioner, in sum and substance, alleged that Madan Prasad, Ward Councilor of Ward No. 25, and Sharwan Kumar, Ward Councilor of Ward No. 28, made illegal payments to the labourers and cleaners and caused loss of Rs. 12,880/- to the Nagar Parishad. It is submitted that petitioner is informant. The Deputy Superintendent of Police in his supervision note found complicity of the petitioner only on the ground that petitioner was
Patna High Court Cr.Misc. No.34501 of 2016 (3) dt.21-09-2016 2/2 also posted as Sanitary Inspector from 09.09.2011 to 07.05.2013 and Ward Councilor has to make payment on the basis of supervision of Sanitary Inspector but save and except supervision note there is no other materials to show that the petitioner was also a party to any payment to the fake persons.
Considering the facts aforesaid and the nature of allegations made against the petitioner, the above named petitioner, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt / production of a copy of this order, is directed to be enlarged 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 Sub-divisional Judicial Magistrate, Dehri, Rohtas (Sasaram) in Dehri (T) P.S. Case No. 471 of 2013, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J) BKS/- U T