Gautam Kumar Sinha @ Gautam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51079 of 2017 Arising Out of PS.Case No. -157 Year- 2016 Thana -TEKARI District- GAYA ====================================================== Gautam Kumar Sinha @ Gautam Kumar, son of Jay Prakash Narayan, resident of village Baheliya Bigha, P.S. Tekari, Distt. Gaya, presently posted as Panchayat Rojgar Sevak, Gram Panchayat Bhori, P.S. Tekari, Distt. Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shailesh Kumar, Advocate. For the Opposite Party/s : Mr. S.M. Rahman, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 31-01-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Tekari P.S. Case No. 157 of 2016 instituted for the offence under Sections 409 and 420/34 of the Indian Penal Code.

There is allegation against this petitioner in the written report filed by Programme Officer, Tekari Block, that this petitioner being Panchayat Rozgar Sevak, Gram Panchayat, Bhori along with Manager, Magadh Gramin Bank, Bhori, has illegally withdrawn money under MANREGA scheme in the name of dead persons andalso in the name of persons who had not worked in the said MANREGA scheme.

Learned counsel for the petitioner has submitted that petitioner is Panchayat Rozgar Sevak and he has no concern with

Patna High Court Cr.Misc. No.51079 of 2017 (5) dt.31-01-2018 2/2 disbursement of the money. His work was only to introduce the unemployed persons giving knowledge about employment for certain period.

Case diary has been received.

The statement of some labourers have been recorded in paragraphs 10, 11, 12, 13 and 15 of the case diary wherein they all have supported the case and stated that they have not worked and the money has been withdrawn in their name as well as in the name of person who is already dead.

Therefore, this Court is not inclined to grant anticipatory bail to the petitioner.

Prayer for anticipatory bail of the petitioner stands rejected.

Petitioner may surrender before the court below and make prayer for regular bail which shall be disposed off by the court below in accordance with law without being prejudiced by this order.

(Sanjay Priya, J) S.Ali/- U T