Avnish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68250 of 2019 Arising Out of PS. Case No.-37 Year-2019 Thana- EKANGARSARAI District- Nalanda ====================================================== Avnish Kumar, Son of Siyaram Kishore Singh, Secretary of Management Committee of Ward no. 2, Resident of Village - Rashalpur, P.S. - Ekangar Sarai, District - Nalanda at Biharsharif.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binay Kumar Singh For the Opposite Party/s :

Mr. Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-01-2020 This is an application for grant of anticipatory bail in connection with Ekangar Sarai P. S. Case No. 37 of 2019 disclosing offences under Sections 407, 420, 409 and 34 of IPC. As per F.I.R. petitioner happens to be the Secretary of the Ward Management Committee and cheques of Rs.17,50,000/- were allotted under the Jal Nal Nishchay Scheme and no work was done.

Submission of the learned counsel for the petitioner is that as a matter of fact, against the above cheques already the work amounting to Rs.17,93,375/- has been done, which will appear from the inspection made by the Junior Engineer. Heard learned A.P.P. also.

Having heard both sides, considering the above submission, this application is allowed. Let the petitioner,

Patna High Court CR. MISC. No.68250 of 2019(3) dt.10-01-2020 2/2 above named, surrender before the court below within a a period of three weeks from the date of receipt of certified copy of this order, on surrnder, he will be released on provisional bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of learned Additional Chief Judicial Magistrate, Hilsa, Nalanda, in connection with Emangarsarai P. S. Case No. 37 of 2019.

In the meantime, the court below shall call upon the report from the B.D.O. concerned about the alleged claim of the petitioner. If, the claim of the petitioner is found true, the provisional bail granted to the petitioner shall be confirmed, otherwise, petitioner shall pray for regular bail. (Vinod Kumar Sinha, J) Sunil Shukla/- U T