Md. Hasan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14156 of 2017 Arising Out of PS.Case No. -149 Year- 2015 Thana -JANKINAGAR District- PURNIA ====================================================== Md. Hasan son of Late Nabi Hasan resident of Mirjapur Diyari, P.S. Bousi Basaiti, District Araria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Prawesh Kumar, Advocate. For the Opposite Party/s : Mr. Dilip Kumar, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-05-2017 Heard both sides.

The petitioner apprehends his arrest in Janki Nagar P. S. Case No. 149 of 2015 registered for the offences under Sections 406, 409, 420, 467, 468, 471 and 120B of the Indian Penal Code.

Block Development Officer, Banmankhi lodged a case against the accused Awadhesh Kumar Singh, Panchayat Secretary, Gram Panchayat Naulakhi alleging therein that Awadhesh Kumar Singh committed irregularities in allotment of Indira Awas of its beneficiaries in Naulakhi Panchayat. The enquiry was also held and it was found that Awadhesh Kumar Singh committed irregularities in allotment of Indira Awas and payment of money to the beneficiaries.

Leanred counsel for the petitioner submits that the

Patna High Court Cr.Misc. No.14156 of 2017 (5) dt.18-05-2017 2/2 petitioner is the clerk of Banmankhi Panchayat. Petitioner is not at all related to the work of allotment and sanction of money to the allottees of Indira Awas. Petitioner only prepared advice after sanction of money. The Head Clerk Rameshwar Chaudhary has already been granted anticipatory bail. The petitioner is not named in the F.I.R. and the name of the petitioner figured during the course of investigation only because petitioner prepared advice in favour of the allottees of Indira Awas, although he did not play any role in allotment of Indira Awas or sanction of money to the allottees.

Considering the facts aforesaid, the above named petitioner, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Purnea in Janki Nagar P. S. Case No. 149 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Mishra/- U T