Amod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50625 of 2016 Arising Out of PS.Case No. -263 Year- 2016 Thana -MAHUA District- VAISHALI(HAJIPUR) ====================================================== Amod Kumar, Son of Yogendra Das, Resident of Village- Parmanandpur Lal, Police Station- Mahua in the district of Vaishali. .... .... Petitioner

Versus

The State of Bihar.

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

For the Petitioner : Mr. Sushant Kumar, Advocate. For the Opposite Party : Mr. Rajendra Nath Jha, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-01-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Mahua P.S. Case No. 263 of 2016 for the offences instituted under Sections 467, 468, 471, 406, 409,420 and 120(B)/34 of the IPC.

The prosecution story, in brief, is that in the MANREGA Scheme, excess amount was withdrawn showing forged excess work.

It has been submitted on behalf of the petitioner that the petitioner has falsely been implicated in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. He has been made accused in the present case due to

Patna High Court Cr.Misc. No.50625 of 2016 (4) dt.09-01-2017 2/2 mistake of fact. He is the Panchayat Rojgar Sewak of the concerned Panchayat. The allegation of defalcation is denied by the petitioner. The defalcated amount has not been disclosed by the prosecution. The other co-accused have been granted anticipatory bail by another co-ordinate Benches of this Court vide Cr. Misc. Nos. 38083/2016 and 43438/2016.

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, 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 Mahua P.S. Case No. 263/2016 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Vaishali at Hajipur, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T