Lal Bahadur Raman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25072 of 2017 Arising Out of PS.Case No. -170 Year- 2012 Thana -PANDAUL District- MADHUBANI ====================================================== Lal Bahadur Raman, Son of Late Anand Yadav Resident of VillageNirmala, P.S.-Lakhanaur, District-Madhubani. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gagan Deo Yadav For the Opposite Party/s : Mr. Sri Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 07-09-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Pandaul P.S. Case No. 170 of 2012, registered under Sections 409, 419, 420 and 120(B) of the Indian Penal Code. The allegation of informant, Sanjay Kumar, Block Welfare Officer, Pandaul, is that, on 26.07.2012, he was present in monitoring of beneficiaries of Indira Awash Yagana, whose accounts were to be opened in camp in SBI. At that time S.D.O, Sadar Mahdhubani and D.D.C, Madhubani also reached there and caught hold to one Md. Taslim and seized the list of beneficiaries, photo of beneficiaries and passbook of one beneficiaries, Bilaiki Khatoon. On query, Md. Taslim told that

this petitioner, who is Panchayat Secretary, had given the list of beneficiaries for opening the account. While an attempt was made to contact the petitioner but his mobile was found switched off.

Learned counsel for the petitioner submits that after investigation, the police submitted the final form against the petitioner but on perusal of the case diary, the learned Chief Judicial Magistrate took the cognizance for the offence under Sections 409, 419, 420 and 120(B) of the Indian Penal Code. It is further submitted that the witnesses, in paragraphs 23, 42 and 43 of the case diary, have stated that they entrusted to Md. Taslim being the ward member, for doing the Bank work handing over the remuneration except that nothing has been collected against the petitioner showing his involvement opening the fake account.

Having regard to the facts and circumstances of the case, let the above named petitioner 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, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the S.D.J.M., Madhubani, in connection with Pandaul P.S. Case No. 170 of

2012, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T