Kaushal Kishore Tiwari v. The State Of Bihar

Patna High Court Cr.Misc. No.15308 of 2017 (2) dt.10-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15308 of 2017 Arising Out of PS.Case No. -33 Year- 2017 Thana -GOGRI District- KHAGARIA ====================================================== Kaushal Kishore Tiwari, S/o late Shiv Kumar Tiwari, Resident of VillageSalarpur, P.S.- Parbatta, District-Khagaria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Harish Kumar For the Opposite Party/s : Mr. Sri Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 10-07-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Gogari P.S. Case No. 33 of 2017, registered under Sections 409, 420, 467 and 468/34 of the Indian Penal Code. The accusation is that petitioner along with other accused persons named in the F.I.R. defalcated the Government money of seven schemes of NAREGA/MANREGA from the financial year 2007-08 to 2009-10.

Learned counsel for the petitioner submits that admittedly petitioner was the Panchayat Secretary of Gogari Panchayat and he put his counter signature on the cheque at the instance of the concerned Mukhiya and other officers as work was

Patna High Court Cr.Misc. No.15308 of 2017 (2) dt.10-07-2017 done satisfactorily. Thereafter, petitioner retired in the year 2012 but after five year he has been made accused in the present case on 22.01.2017. It is further submitted that co-accused, Umesh Prasad Patel, who was the then Mukhia of Gogari Panchayat, has already been granted privilege of anticipatory bail by a Bench of this Court vide order dated 12.04.2017 passed in Criminal Misc. 13325 of 2017.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate Ist Class, Khagaria, in connection with Gogari P.S. Case No. 33 of 2017, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T