Umesh Kumar Sah v. The State Of Bihar

Patna High Court Cr.Misc. No.15934 of 2015 (3) dt.10-06-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15934 of 2015 Arising Out of PS.Case No. -72 Year- 2014 Thana -TIYAR District- BHOJPUR ====================================================== Umesh Kumar Sah son of Late Sugriv Sah resident of Village : Baraitha, P.S. : Bariyarpur, District : Saran (Chapra), at present posted as Revenue Karamchari, Anchal & P.S. : Jagdishpur, District : Bhojpur at Ara. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Sada Nand Ray For the Opposite Party/s : Mr. Zainul Abedin (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-06-2015 The petitioner is languishing in jail since 17.10.2014 in connection with Tiyar P.S. Case No.72 of 2014 for the offences instituted under Section 409 of the Indian Penal Code. Heard learned counsel for the petitioner and learned counsel for the State.

The prosecution story, in brief, is that one Md. Jafar Iqbal, Block Panchayat Raj Officer, Jagdishpur gave his written statement that the petitioner was a Panchayat Secretary and was Incharge of Hetampur Panchayat and Uttar Dahan Panchayat from 2005 and 2014 and committed financial irregularities during that period of Solar Light Yojana. It is alleged that the petitioner has not produced the cash book and other documents with regard to Solar Light Yojana upon which the Block Development Officer, Jagdishpur gave the charge to another employee and as per the

Patna High Court Cr.Misc. No.15934 of 2015 (3) dt.10-06-2015 direction of the District Magistrate, the present case has been lodged against the petitioner.

It has been submitted on behalf of the petitioner that the petitioner is a Panchayat Sewak. It is further submitted that the petitioner has been falsely implicated in the present case due to village politics and no defalcation has been committed in the installation of solar light under the "Solar Light Yojana" in the rural area. It has further been submitted on behalf of the petitioner that the petitioner is ready to deposit an amount of Rs.50,000/- in the court below, which will be subject to the final disposal of the case.

On behalf of the State, it has been submitted that the petitioner is named in the first information report and there is direct allegation against him.

Considering the fact that the petitioner is ready to deposit an amount of Rs.50,000/- in the court below, which will be subject to the final disposal of the case, let the petitioner, above named, 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 Sri R. Raj, Judicial Magistrate, Ist Class, Bhojpur at Ara in connection with Tiyar P.S. Case No. 72 of 2014. V.P.Sinha/- (Sudhir Singh, J) U T