Anil Kumar Srivastava v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52339 of 2017 Arising Out of PS.Case No. -112 Year- 2017 Thana -KAUAKOL District- NAWADA ======================================================

1. Anil Kumar Srivastava, Ex Block Development Officer, Kawakol Block, Son of Late Radha Raman Prasad, Resident of Mohalla-Road No. 4C Vaishali Complex C.P. Colony, Gaya, P.S.-Rampur, District-Gaya .... Petitioner

Versus

1. The State of Bihar .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Sudhir Kumar Sinha, Adv. For the Opposite Party : Mr. Asharaf Ansari, APP 86 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 12-02-2018 Heard the learned counsel for the petitioner and the learned counsel appearing for the State.

The petitioner seeks anticipatory bail in connection with Kawakole P.S. Case No. 112 of 2017 for the offences under Sections 419, 420 and 468 of the Indian Penal Code. The case of the petitioner, in brief, is that the District Agriculture Officer, Nawadah, submitted a letter before the police alleging therein that the amount of diesel subsidy to be distributed to the beneficiaries for the year 2013-2014 has not been done in a proper manner and there are serious irregularities. The learned counsel for the petitioner submits that the petitioner is innocent and has been falsely roped in the present case inasmuch as according to Annexure 3 to the present petition, the petitioner is not the person authorized for distributing the said

Patna High Court Cr.Misc. No.52339 of 2017 (4) dt.12-02-2018 2/2 subsidy. The petitioner is said to be having a clean antecedent. Having regard to the facts and circumstances of the case, the petitioner, in the event of his arrest or surrender, within four weeks from the date of receipt of this order, is directed to be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Kawakole P.S. Case No. 112 of 2017 to the satisfaction of the Additional Chief Judicial Magistrate, IV, Nawadah, or successor Court, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code.

It is, further directed that the petitioner shall join investigation and in case the prosecution finds that the petitioner is not cooperating in the investigation then the investigating agency would be free to move this Court for cancellation of bail. (Mohit Kumar Shah, J) SA/- U T