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Patna High CourtCR. MISC./48700/2015bail granted

Ram Nath Rai v. The State Of Bihar

2016-01-28Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48700 of 2015 Arising Out of PS.Case No. -111 Year- 2012 Thana -MANIYARI District- MUZAFFARPUR ======================================================

1. Ram Nath Rai Son of Late Bishwanath Rai, resident of Village- Tepri, P.S.- Piyar, District- Muzaffarpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Ms. Punam Shrivastava For the Opposite Party/s : Mr. Nagendra Prasad (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 28-01-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner being a Panchayat Secretary apprehends his arrest in connection with a case registered for the offences punishable under Sections 467/ 468/471/420/120(B) of the Indian Penal Code.

Learned counsel for the petitioner submits that though initially allegations had been made that nine persons had been wrongly benefited with regard to payment of Agriculture Input Scheme and also grant given for the purposes of Drought Relief Fund, Eight of these nine persons having so benefited have acknowledged that they had received the money released by the present Panchayat Secretary and also by the Mukhiya Pati. It is submitted that on perusal of the First Information Report, it

Patna High Court Cr.Misc. No.48700 of 2015 (3) dt.28-01-2016 P2/2 reveals that though such benefit was extended to the beneficiaries, it was the Mukhiya Pati who was responsible for releasing the same in their favour and not this petitioner. Considering the nature of allegation made and also the villagers have come forward to support the case of the petitioner, let the petitioner, in the event of his arrest / surrender within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the each amount to the satisfaction of the learned Judicial Magistrate, 1st Class, Muzaffarpur in connection with Maniyari P.S. Case No. 111/2012 subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Anjana Mishra, J) Saif/- U T