Hanslal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76560 of 2025 Arising Out of PS. Case No.-58 Year-2025 Thana- PARIHAR District- Sitamarhi ====================================================== Hanslal Kumar Son of Ramchandra Sahni R/o Village- Piyar, Maheshpur, PSPiyar, District- Muzaffarpur Presently Posted as Pachayat Secretary Under Gram Panchayat Raj Sutihara, Block- Parihar, PS - Parihar, Dist- Sitamarahi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Nitu Kumari, Advocate Mr. Jitendra Kumar Bharti, Advocate For the Opposite Party/s :

Mr. Shahabuddin Azeem @ S. Azeem, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-12-2025

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 316(5), 318, 338, 336, 336(3) and 3(5) of the BNS.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that petitioner, being the Panchayat Sachiv, got a private Ghat constructed in private bond of Vinay for an amount of Rs.8,42,372/-.

4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is further submitted that a meeting was held on 04.05.2023 in presence of the Prakhand Pramukh and the Block

Patna High Court CR. MISC. No.76560 of 2025(2) dt.01-12-2025 2/3 Panchayati Raj Officer-cum-Executive Officer. In the said meeting, other members of the committee including the petitioner were also present in which several Panchayat Level Schemes were passed. It is next submitted that Panchayati Raj Officer, Parihar issued an order dated 16.06.2023 authorizing the petitioner to get an agreement executed with the contractor for completing the scheme. It is submitted that thereafter an agreement was executed with the contractor but then the Ghat was constructed at the private pond of Vinay by the contractor in collusion with the Mukhiya and the Ward Member. It is submitted that petitioner being a government servant is aware of his responsibility and is also aware of the consequences which would entail had he indulged in such an activity.

It is further submitted that it is not in dispute that the Ghat was constructed at the private pond of Vinay but then the same was not done by the petitioner. It is submitted that petitioner will not abscond rather will cooperate in the investigation to prove his innocence.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the submissions made by the learned counsel for the petitioner, let the petitioner above-named, in the event of his arrest or surrender before the learned trial court

Patna High Court CR. MISC. No.76560 of 2025(2) dt.01-12-2025 3/3 within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/Successor Court in connection with Parihar P.S. Case No. 58 of 2025 corresponding to G.R. No. 491 of 2025, subject to the conditions as laid down under Section 482(2) of the BNSS.

(Satyavrat Verma, J) Kundan/- U T