Sanjay Kumar @ Sanjay Chandrabansi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.24158 of 2018 Arising Out of PS.Case No. -195 Year- 2016 Thana -KURTHA District- JEHANABAD ====================================================== Sanjay Kumar @ Sanjay Chandrabansi, Son of Baijnath Chandrabansi, Resident of Village- Pinjrawa, P.S.- Kurtha, District- Arwal. .... .... Petitioner/s
Versus
1. The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shailendra Kumar Singh For the Opposite Party/s : Sri Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 18-05-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner seeks bail in connection with Kurtha Police Station Case No. 195 of 2016 registered for the offences punishable under sections 420, 467, 468, 471, 409 and 120(B) of the Indian Penal Code.
The case was registered on the written report of Block Development Officer which is based on the confidential letter no.624 dated 09.12.2016 of the District Magistrate, Arwal. It is alleged that this petitioner and three others, who are named in FIR, defalcated the government money in connection with execution of some of the schemes of Central Government under 13-14th finance commission.
It has been submitted that the allegation of defalcation is vague. The petitioner was Mukhiya during the said scheme and for some financial irregularities, a complaint was lodged on the basis of
Patna High Court Cr.Misc. No.24158 of 2018 (3) dt.18-05-2018 2/2 which, the present case has been registered. The other co-accuseds, who were Panchayat Secretary during the relevant period, have already been allowed bail by different coordinate Benches of this Court in Criminal Misc. Nos. 60869 and 60905 of 2017. The petitioner is in custody since 16.02.2018 having one more case which was lodged at the same time in which he is on bail.
Considering the case of the petitioner on similar footing to the case of co-accuseds who are on bail, the prayer for bail of the petitioner is allowed and he is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Arwal in connection with Kurtha Police Station Case No. 195 of 2016, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioner will not induce any witness or tamper with the evidence.
(iii)The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.
(Sanjay Kumar, J) Mahesh/- U T