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Patna High CourtCR. MISC./17547/2015bail granted

Sugan Prasad Shahi @ Suman Shahi v. The State Of Bihar

2015-05-15Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17547 of 2015 Arising Out of PS.Case No. -222 Year- 2014 Thana -BHAGWANPUR DistrictVAISHALI(HAJIPUR) ====================================================== Sugan Prasad Shahi @ Suman Shahi son of Late Hira Shahi .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sunil Kumar, Advocate For the Opposite Party/s : Mr. Smt.Rita Verma (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 15-05-2015 Heard learned counsels for the petitioner and the State. The petitioner being Panchayat Mukhiya is apprehending arrest in a case registered for the offences punishable under Sections 406/409/420/467/468/47 of the Indian Penal Code.

Accusation is of purchase of solar lights in financial year 2005-06 to 2011-12 at a higher rate than the rate fixed by the government and from the agency other than BREDA and Beltrone. It is submitted by learned counsel for the petitioner that purchase was made on the recommendation of Aam Sabha of the Panchayat. There is no complaint with regard to the quality of the solar lights fixed and for the purchase of 2005-06, the FIR has been registered in 2014. Initially, there was no direction for

Patna High Court Cr.Misc. No.17547 of 2015 (2) dt.15-05-2015 2/2 purchase of the solar lights from the BREDA and Beltrone and with similar accusation several cases were filed wherein the Panchayat Mukhiyas have been granted bail. A statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent.

Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Bhagwanpur P.S. Case No. 222 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C.

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