Chhatrabali Prajapat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63073 of 2019 Arising Out of PS. Case No.-40 Year-2017 Thana- NIMCHAKBATHANI District- Gaya ====================================================== Chhatrabali Prajapat, Son of Late Palak Dhari Prajapat, Resident of Village - Ram Nagar, P.S.- Karpi, Distt.- Arwal.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Kumar, Advocate For the Opposite Party/s :

Mr. Satyendra Narayan Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 06-03-2020 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Neemchak Bathani P.S. Case no. 40 of 2017 registered for the offence punishable under sections 409, 420, 465 and 468 of the Indian Penal Code.

As per the allegation in the F.I.R., there was embezzlement in distribution of the benefits under the Indira Awas Yojna as a result of which it is stated that a number of persons after changing their names or after changing the names of their husbands took the benefits more than once and caused financial loss to the State.

It is submitted by learned counsel for the petitioner that

Patna High Court CR. MISC. No.63073 of 2019(4) dt.06-03-2020 2/2 the petitioner was an Office Assistant in the Panchayat and the allegations are general and omnibus in nature of the petitioner along with the Panchayat Sachiv being involved in the financial irregularities. It is further submitted that for the occurrence of 2005-06 to 2008-09, the F.I.R. has been registered in April, 2017 several years after the petitioner has retired. Having heard learned counsel for the parties and in the facts and circumstances of the case, taking into consideration the nature of allegations together with the delay in lodging of the F.I.R., this Court is inclined to enlarge the petitioner on bail.

The petitioner is directed to surrender in the Court below within a period of six weeks from today and in the event of his arrest or surrender in connection with Neemchak Bathani P.S. Case no. 40 of 2017, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.- 10th, Gaya, subject to the condition as laid down under section 438(2) of the Cr.P.C.

(Partha Sarthy, J) Ankit/- U T