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Patna High CourtCR. MISC./86557/2019allowed

Laxmi Kant Keshri v. The State Of Bihar

2020-02-19Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86557 of 2019 Arising Out of PS. Case No.-231 Year-2019 Thana- BISFI District- Madhubani ====================================================== Laxmi Kant Keshri, aged about 66 years, Male, Son of Rasik Lal Raut, Resident of Village - Belarahi, P.S.- Andhramath, Distt.- Madhubani. Then Panchayat Secretary Sadullahpur, P.S.- Bisfi, Distt.- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Mishra, Advocate For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-02-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Bisfi P.S. Case No. 231 of 2019 registered for the offences punishable under Sections 406, 409/34 of the Indian Penal Code.

The prosecution story, in brief, is that the informant has given a written report on 09.08.2019 stating that he got information from the B.D.O., Bisfi vide letter No.2722 dated 06.08.2019 to lodge a case against the then Mukhiya Sri Abhinash Sharma and then Panchayat Secretary in village Panchayat Sadallahpur for allegedly not maingtain the

Patna High Court CR. MISC. No.86557 of 2019(2) dt.19-02-2020 2/3 document of 13th Finance Commissioner and B.R.J.F. Yojana in financial of 2010-11 as such defalcation the government money.

Learned counsel for the petitioner submits that there is no specific allegation against the petitioner rather the allegation is that this petitioner and then Mukhiya have allegedly misuse the Government money in the financial year of 2010-11under the 13th financial commission running under B.R.J.F. He further submits that the B.D.O., Bisfi has issued a no objection certificate dated 07.08.2015 stating that there is no dues is pending against the petitioner. Learned counsel for the petitioner further submits that the allegation is of the year 2010-11 and F.I.R. has been lodged in the year 2019 and petitioner is retired from service in the year 2012 itself. Learned counsel for the petitioner is directed to cooperate the investigation. 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

Patna High Court CR. MISC. No.86557 of 2019(2) dt.19-02-2020 3/3 the satisfaction of A.C.J.M., Benipatti at Madhubani in connection with Bisfi P.S. Case No. 231 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) Nasimul/- U T