Raj Kumar Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.20012 of 2016 Arising Out of PS.Case No. -283 Year- 2015 Thana -RANIGANJ District- ARRARIA ======================================================
1. Raj Kumar Sah Mukhiya Hasanpur Panchayat son of late Kailu Sah resident of Village- Hasanpur, P.S. Raniganj, Distr Araria. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.23563 of 2016 Arising Out of PS.Case No. -283 Year- 2015 Thana -RANIGANJ District- ARRARIA ======================================================
1. Vinod Kumar Singh @ Vinod Singh @ Rintu Singh, Mukhiya Hasa Panchayat son of Late Kalanand Singh Resident of Village- Hasa, P.S.- Raniganj, Dist- Araria.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.20357 of 2016 Arising Out of PS.Case No. -283 Year- 2015 Thana -RANIGANJ District- ARRARIA ======================================================
1. Poonam Devi W/o Surendra Paswan, Mukhia, Barbanna Panchayat, Block & P.S. Raniganj, District Araria Permanent Address Resident of village - Raniganj ( Barbanna ) P.S. Raniganj, District - Araria .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
(In Cr.Misc. No.20012 of 2016) For the Petitioner/s : Mr. Ramesh Kumar Singh For the Opposite Party/s : Mr. Rajesh Kumar(App) (In Cr.Misc. No.23563 of 2016) For the Petitioner/s : Mr. Ramesh Kumar Singh For the Opposite Party/s : Mr. Madan Kumar(App) (In Cr.Misc. No.20357 of 2016) For the Petitioner/s : Mr. Anil Prasad Singh
For the Opposite Party/s : Mr. Ajay Kumar 1(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 05-08-2016 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.
All the three criminal miscellaneous applications arise out of the same F.I.R. and are of the same occurrence and, as such, have been heard together and are being disposed of by passing this common order.
The petitioners are apprehending their arrest in connection with Raniganj P.S. Case No. 283 of 2015 for the offences registered under Sections 409 and 420 of the Indian Penal Code.
The common allegation against all the three petitioners is that they being Mukhiyas of Hasanpur Gram Panchayat, Hasa Gram Panchyat and Barbanna Gram Panchayat respectively, were assigned the role of implementing schemes for the development of their respective Gram Panchayats. The allegation against them is that they have not implemented the schemes in the year 2011-12 and 2012-13 which was financed by the 4th State Financial Commission.
It has been further alleged that the scheme no. 2 of the year 2013-14 in Hasanpur Gram Panchayat, Scheme nos. 1 to 4 in
Hasa Gram Panchayat and Scheme no. 1 to 4 in Barbanna Gram Panchayat were not completed even though, the petitioners of the respective Gram Panchayats have drawn money for implementation of the said schemes.
Learned counsel for the petitioner submits that after the present case was lodged against the three petitioners, aforementioned schemes have been taken up and have been completed and some are under the process of completion. In some cases, where the schemes could not have been implemented, the petitioners have also returned the money.
Learned counsel appearing on behalf of the State after perusal of the case diary submits that the submission as advanced by the petitioners in the respective cases and find support in the case diary. It is further submitted that there is no further cogent material against the petitioners so as to implicate them and that the schemes which have remained incomplete, are now being completed and in some cases already been completed. Considering the facts and circumstances of the case and nature of allegations made against the petitioners, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be released on bail on
furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Raniganj P.S. Case No. 283 of 2015 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Anjana Mishra, J) sushma/- U T