Tej Narayan Ojha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4181 of 2015 Arising Out of PS.Case No. -188 Year- 2014 Thana -SIMRI District- BUXAR ====================================================== Tej Narayan Ojha, Son of Late Hari Bhajan Ojha, Resident of Village Kharahatand, P.S. Simri, District Buxar.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Shailendra Kumar Choubey For the Opposite Party/s : Mr. Abhay Kr. Roy(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 30-01-2015 Heard both sides.

The petitioner apprehends his arrest in Simri P.S. Case No. 188 of 2014, registered for the offences punishable under Sections 420, 406, 409 and 120(B) of the Indian Penal Code.

The allegation against the petitioner is that he being the Mukhiya purchased solar lamp from a company other than the company earmarked by the Government of Bihar. Learned counsel for the petitioner submits that the purchase was made in the year 2007-08 and there was no direction by the State of Bihar to purchase the solar lamp from BREDA or any other company. The petitioner and others purchased solar lamps in pursuance of a scheme after inviting proper tender and

Patna High Court Cr.Misc. No.4181 of 2015 (2) dt.30-01-2015 2 / 2 the purchase was made from a company which quoted lowest price. The enquiry was held in pursuance of the order of the Hon'ble Court and thereafter without holding any proper enquiry, a case is lodged against many office bearers of the Panchayat. Having considered the facts that the purchase was made in accordance with law from the company which quoted lowest price and after more than five years from the date of purchase, the case has been lodged, petitioner Tej Narayan Ojha, in the event of his arrest or surrender before the 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 Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Buxar in connection with Simri P.S. Case No. 188 of 2014, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

(Prabhat Kumar Jha, J.) Sanjay/- U T