Amar Nath Thakur v. The State Of Bihar

Patna High Court Cr.Misc. No.44654 of 2014 (04) dt.24-03-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44654 of 2014 Arising Out of PS.Case No. -37 Year- 2012 Thana -HASANPUR District- SAMASTIPUR ====================================================== Amar Nath Thakur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Abhimanyu Sharma For the Opposite Party/s : Mr. Anil Kumar Singh 1(A.P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 24-03-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.

There happens to be an allegation of misappropriation of Rs.18,43,449/- at the end of petitioner, who at the relevant time was Panchayat Sewak of Fulhara, Deodha and Aura Panchayats.

From perusal of the case diary, it is apparent that though chargesheet had already been submitted under Section 409 of the I.P.C., but manner, whereunder investigation had been conducted appears to be cryptic one. Not even a single beneficiary has been examined to ascertain genuineness of the allegation. Furthermore, the relevant Annexures speaks active involvement of Mukhiya during course of disbursement of the subsidiary, but the reason best known to the prosecution, he has not been involved in

Patna High Court Cr.Misc. No.44654 of 2014 (04) dt.24-03-2015 this case. Furthermore, there also happens to be supervisory power to be exercised by the Block Development Officer as well as he is authority before whom, the list of beneficiary is to be placed to facilitate presentation of D.C. Bill, however, again there happens to be failure of the prosecution on that very score. After passing of two Financial Year, in the Year 2012 instant case has been filed by the present B.D.O.

In the aforesaid background, petitioner Amar Nath Thakur is directed to 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 Additional Chief Judicial Magistrate, Rosera at Samastipur in connection with Hasanpur P. S. Case no.37 of 2012.

(Aditya Kumar Trivedi, J) Vikash/- U T