Sri Janardan Kunwar @ Janardan Kuar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27158 of 2017 Arising Out of PS.Case No. -262 Year- 2016 Thana -BRAHMPUR District- BUXAR ====================================================== Sri Janardan Kunwar @ Janardan Kuar, Son of Late Kamta Kunwar, Resident of Village- Godadh, Police Station- Shahpur, District-Bhojpur (Ex-Panchayat Secretary).

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar Roy For the Opposite Party/s : Mr. Parmanand Kumar ======================================================

CORAM:

HONOURABLE MR.

JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 01-07-2017 Heard the parties.

This application, for grant of anticipatory bail, arises out of Brahampur P.S. Case No. 262 of 2016, disclosing offences under Sections 419, 420, 467, 468 and 471/34 of the Indian Penal Code.

The petitioner, at the relevant point of time in the year 2007-08, was working as Panchayat Sewak of Gram

Patna High Court Cr.Misc. No.27158 of 2017 (2) dt.01-07-2017 2/3 Panchayat Harnathpur. It is alleged that the persons responsible for extending benefit of executing the scheme, under Indira Awas, got substantial amount misappropriated. It is also alleged that one person was given benefit twice with the collusion of the First Information Report named accused persons including this petitioner.

Learned counsel for the petitioner has submitted that the First Information Report relates to transaction made in the year 2007-08. The petitioner retired in the year 2012 and enquiry, with respect to the alleged misappropriation, was held in the year 2015. He has submitted that the petitioner shall cooperate with the police in course of investigation and not flee from the course of investigation or trial.

Considering the submission, as above, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar, in connection with Brahmpur P.S. Case No. 262 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

Patna High Court Cr.Misc. No.27158 of 2017 (2) dt.01-07-2017 3/3 This is subject to the condition that the petitioner shall present himself/herself before the police/Court, as the case may be, as and when required and in the event of failure on his/her part to appear before the Court on two consecutive occasions, his/her bail bond shall be liable to be cancelled. (Chakradhari Sharan Singh, J) Praveen-II/- U T