Awadhesh Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24362 of 2018 Arising Out of PS.Case No. -62 Year- 2018 Thana -KHAGARIA District- KHAGARIA ======================================================

1. Awadhesh Kumar, S/o Ramautar Singh, The then Panchayat Secretary, Gram Panchayat Raj, Sanhauli.

2. Upendra Paswan @ Upendra Prasad Gupta S/o Late Anandi Sah, The then Panchayat Member, Electoral Area No. 06, Sanhauli.

3. Sanjay Singh S/o Damodar Singh, The then Gram Panchayat Member, Electoral Area No. 07, Sanhauli.

4. Manoj Kumar @ Manoj Kumar Kumar S/o Yogendra Paswan, The then Gram Panchayat Member, Gram Panchayat Raj, Sanhauli. All are R/o Vill.- Sanhauli, P.S.- Chitragupta Nagar, District- Khagaria. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Viveka Nandsingh For the Opposite Party/s : Mr. Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-05-2018 Heard learned counsel for the petitioners.

Petitioners apprehend their arrest in connection with Khagaria (Chitragupta Nagar) P.S. Case No. 62 of 2018 registered for the offences punishable under Sections 420, 406 and 409/34 of the Indian Penal Code.

Allegation against the petitioners is of defalcation of money which was allotted for distribution under a Scheme. Submission of learned counsel for the petitioners is that there is general and omnibus allegation against the accused persons and no specific allegation is attributed against the

Patna High Court Cr.Misc. No.24362 of 2018 (2) dt.04-05-2018 2/2 petitioners and some other co-accused persons have been granted privilege of anticipatory bail by this Court vide order dated 1.5.2018 passed in Cr.Misc.No. 21625 of 2018. Heard learned APP also.

Having heard both sides and in the facts and circumstances, let the petitioners, above named, in the event of their arrest or surrender, be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Khagaria, in connection with Khagaria (Chitragupta Nagar) P.S. Case No. 62 of 2018, subject to the conditions under Section 438(2) of the Code of Criminal Procedure and further condition that one of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of court concerned.

(Vinod Kumar Sinha, J) spal/- U