Harendra Singh Mukhiya @ Harendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57831 of 2015 Arising Out of PS.Case No. -122 Year- 2014 Thana -DHANSOI District- BUXAR ====================================================== Harendra Singh (Mukhiya) @ Harendra Singh son of Ramnath Yadav resident of village : Lalachak, P.S. : Dhansoi, District : Buxar. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Sada Nand Roy, Advocate For the Opposite Party : Mr. Pushpa Sinha No.2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-03-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Dhansoi P.S. Case No. 122 of 2014 for the offences instituted under Sections 420, 420 and 34 of the Indian Penal Code. As per the prosecution case that on 09.10.2014 the Block Panchayat Raj Officer, Rajpur by giving reference of letter no.1772 dated 29/09/2014 of BDO, Rajpur who was directed to inquire in to the matter by DM, Buxar in the light of order pass by Hon'ble Court in PLI no.21443 of 2012, it is alleged that the accused persons including the petitioner being Mukhiya in connivance with co-accused (Panchayat Sewak) by violating the norms set by the concerned authority in purchasing the solar light

worth Rs.20,40,000/- for their Panchayats, instead purchased on greater price than the fixed by Breda or Beltron misappropriated the govt.

It has been submitted on behalf of the petitioner that the petitioner has been made accused due to mistake of fact. Petitioner is the Mukhiya of the concerned Panchayat. There is no substantive evidence to show his involvement in the present case. It is further submitted that the petitioner is ready to deposit an amount of Rs.1,00000/- (one lakh) in the court below which shall 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 F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner shall deposit an amount of Rs.1,00000/- (one lakh) in the court below which shall be subject to the final disposal of the case and on doing so, let the petitioner above named, 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 in connection with Dhansoi P.S. Case No. 122 of 2014 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of Shri Sanjeev Singh, Additional Judicial Magistrate, Ist Class, Buxar, subject to

the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) B.Kr./- U T