Dinesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56518 of 2019 Arising Out of PS. Case No.-216 Year-2017 Thana- NARHATT District- Nawada ====================================================== DINESH KUMAR, Son of Dev Kumar Singh, Resident of Village - Ariyan, P.O.- and P.S.- Siswan, Distt - Nawada, at present Panchayat Secretary of Narhat Gram Panchayat, Block, Narhat, Distt - Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Kumar Singh For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 05-09-2019 The petitioner apprehends his arrest in connection with Narhat P.S.Case No. 216 of 2017 registered under Sections 353, 406,409, 420, 467, 468, 471 and 120B/34 of the Indian Penal Code.

Allegation against the petitioner, as per FIR lodged on the basis of letter dated 28.11.2017 of Block Development Officer, Narhat, is that amount of Rs. 61,61,000/- has been withdrawn under the Mukhya Mantri Seven Nischay Yojana by the petitioner and Mukhiya. It has further been alleged that expenditure of the fund was required to be transferred to the account of Ward Executive Committee for implementing the scheme in question.

Learned counsel for the petitioner submits that petitioner is Panchayat Secretary and Mukhiya of the same Panchayat has

Patna High Court CR. MISC. No.56518 of 2019(2) dt.05-09-2019 2/2 been granted anticipatory bail by this Court in Cr. Misc. No. 48498 of 2019 (Annexure-4). He further submits that similarly situated other accused persons in different Panchayats have also been granted bail by this Court in Cr.Misc. No. 4834 of 2018. After having heard learned counsel for the parties and taking into consideration the fact that Mukhiya of the same Gram Panchayat has been granted anticipatory bail by this Court in Cr. Misc. No. 48498 of 2019, as such I am inclined to grant anticipatory bail to the petitioner. Let the petitioner, abovenamed, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt of a copy of this order, be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned ACJM-VI, Nawada in connection with Narhat P.S.Case No. 216 of 2017; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) sujit/- U T