Vijay Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73141 of 2019 Arising Out of PS. Case No.-147 Year-2017 Thana- CHANDAUTI District- Gaya ====================================================== Vijay Kumar Singh, aged about 55 years, Male, Son of Late Ram Naresh Singh, Resident of Village - Baniya Baraun, P.S.- Sherghati, Dist.- Gaya. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shailesh Kumar, Advocate For the Opposite Party/s :
Mr.Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-03-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Chandauti P.S. Case No. 147 of 2017 registered for the offences punishable under Sections 420, 406/34 of the Indian Penal Code.
The informant submitted a written report before the S.H.O. Chandauti P.S. through letter no.1327 dated 18.09.2017 alleging therein that the F.I.R. named Panchayat Sachivs and Vikas Mitra were appointed agent and given advance amount for carried out different schemes under Pradhanmantri Adarsh Gram Yojna in financial year 2012-13 but dspite laps of several financial years and reminder, no works have done against the advanced amount which is misuse of the Government fund as
Patna High Court CR. MISC. No.73141 of 2019(3) dt.05-03-2020 2/3 such recommended for institution of F.I.R. against the petitioner. Learned counsel for the petitioner submits that the petitioner is quite innocent, has committed no offence and all t he allegations levelled against the petitioner is false and fabricated. Learned counsel for the petitioner further submits that neither the petitioner has misused nor misappropriated the Government money rather reality is that the petitioner who was Panchayat Sachiv at Town Block, Gaya at the relevant period had entrusted to do the construction work for which given advance money of Rs.1,72,500/ against which the petitioner purchased the entire raw materials i.e. Bricks, Sand, Cement, Iron Rod etc. and brought those materials at the site, thereaftr done the work of Rs.
77,566/- but in the meantime, the petitioner was suspended from his service and could be released from suspension on 11.12.2014 then he was posted at Town Block, Gaya under the direction of the District Magistrate, Gaya.
Patna High Court CR. MISC. No.73141 of 2019(3) dt.05-03-2020 3/3 complete the work or to misappropriate the Government money. Petitioner is still ready to complete the left over work or petitioner is ready to deposit the rest amount. In this fact, the authority to pass the appropriate order.
In the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gaya in connection with Chandauti P.S. Case No. 147 of 2017, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) Nasimul/- U T