Durga Dutt Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62027 of 2018 Arising Out of PS. Case No.-191 Year-2018 Thana- TEKARI District- Gaya ====================================================== Durga Dutt Kumar, Son of Ram Chandra Das, Resident of Village- Matai, P.S.- Tekari, District- Gaya.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shivendra Prasad, Adv.

For the Opposite Party/s :

Mr. Manoj Kumar - 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 08-10-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 406, 409, 407, 468, 419 and 420/34 of the IPC.

The prosecution case as per the written report of Nandkeshwar Lal Varun, the Block Panchayat Raj Officer, Tikari, Gaya, dated 30.05.2018, submitted to the Station House Officer, Tekari Police Station is to the effect that the petitioner being the then Panchayat Mukhiya, in league with the Panchayat Secretary, Ram Lakhan Prasad, misappropriate the fund under

Patna High Court Cr.Misc. No.62027 of 2018(2) dt.08-10-2018 2/3 Indira Gandhi Pensions Scheme with regard to two beneficiaries, namely, Karan Devi and Rambriksha Manjhi by forging LTI and withdrew Rs. 2,800/- in the name of each beneficiaries.

Learned counsel for the petitioner submits that considering the fact that money has already been given to the actual beneficiaries, the Panchayat Secretary has been granted privilege of anticipatory bail by learned Court below itself vide order dated 03.07.2018, passed in A.B.P. No. 1932 of 2018/158 of 2018. The petitioner is an old person. A statement has been made in paragraph no.3 of the petition to the effect that the petitioner is involved in one other case apart from present one. Learned APP submits that the petitioner is named in the FIR.

Considering the fact that the amount has already been given to actual beneficiaries and similarly situated co-accused has been granted privilege of anticipatory bail by learned Court below itself, let the petitioner above named be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/-(ten thousands) with two sureties of like amount each to the satisfaction of

Patna High Court Cr.Misc. No.62027 of 2018(2) dt.08-10-2018 3/3 learned ACJM-VI, Gaya, in connection with Tekari P.S. Case No. 191 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Dinesh Kumar Singh, J) Amrendra/- U T