Ojas Mani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.13748 of 2017 Arising Out of PS.Case No. -41 Year- 2016 Thana -ANGADH District- PURNIA ======================================================
1. Ojas Mani Son of Chandradev Ram, resident of village - Bahuti, P.S. Rupauli, District - Purnea .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ajit Kumar Singh, Advocate For the Opposite Party/s : Mr. Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 24-03-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 406/420/34 of the Indian Penal Code.
Co-accused Jakir Ali, who was local Mukhiya, was assigned responsibility to monitor the MANREGA work. Allegation is that instead of manual labours J.C.B machine was used against the mandate of MANREGA regulations. Submission of the petitioner is that the petitioner was Panchayat Technical Assistant and whatever he did was at the dictate of the local Mukhiya. Moreover, during preliminary injury by the Circle Officer, it revealed that no payment was made to the JCB
Patna High Court Cr.Misc. No.13748 of 2017 (2) dt.24-03-2017 2/2 machine. Hence, there is no defalcation of money by anyone. Considering the aforesaid facts, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-VI, Purnea/Successor Court in connection with Angarh Police Station Case No.41 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. With further condition that petitioner shall fully cooperate with the investigation and trial of the case, failing which the Court-below shall be at liberty to take steps for cancellation of the bail-bonds of the petitioner in this case.
(Birendra Kumar, J) Mkr./- U T