Rama Nand Mochi @ Ramanand Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63721 of 2023 Arising Out of PS. Case No.-202 Year-2014 Thana- BHAWANIPUR District- Purnia ====================================================== Rama Nand Mochi @ Ramanand Ram S/O Late Pulki Mochi R/O Vill - Goraghat, P.S. - Forbesganj, Distt. - Araria ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Alok Kr. Sinha, Adv Mr.Bhola Kumar, Adv Mr.Ravi Shankar, Adv Mr.Ankesh Kumar, Adv For the Opposite Party/s :
Mr.Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 17-10-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner in the present case is seeking prearrest bail in connection with Bhawanipur P.S. Case No. 202 of 2014 registered for the offences punishable under Sections 420, 406 and 467 of the Indian Penal Code. They have got no criminal antecedent.
3. As per the prosecution story, on the basis of letter no. 1698 and letter no. 1093 written by the S.D.O. Bhawanipur and Deputy Development Commissioner, Purnea respectively, it has been alleged that Rs.30,000/- granted to Rabina Khatoon wife of Md. Rizawan under the Indira Awas Yojana has fraudulently been credited in the bank account of Sabina
Patna High Court CR. MISC. No.63721 of 2023(2) dt.17-10-2023 2/3 Khatoon.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. It is submitted that the petitioner is a retired Panchayat Supervisor and investigation against him is still pending.
5. Learned APP for the State has opposed the prayer for anticipatory bail of the petitioner.
6. Having regard to the facts and circumstances of the case wherein the petitioner is a retired Panchayat Supervisor who superannuated in the year 2010 and the present case has been lodged much thereafter and the further submission that the investigation against the petitioner has still been kept pending, this Court directs that in case of his arrest or surrender within a period of six weeks from today, the petitioner above named shall be released on bail in connection with Bhawanipur P.S. Case No. 202 of 2014 on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M, Purnea, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
7. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at
Patna High Court CR. MISC. No.63721 of 2023(2) dt.17-10-2023 3/3 any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
8. This application stands allowed.
(Rajeev Ranjan Prasad, J) uttam/- U T