Allowed

Keshav Yadav v. The State Of Jharkhand

Jharkhand HC9 Sept 2014A.B.A./395/2014

Case brief

AI extract

What is this about?

In a mercy petition for anticipatory bail, the High Court of Jharkhand granted relief directing the petitioner be released on surrender/arrest. He was implicated as a Panchayat Sevak; allegations involved fraud in NAREGA pond construction regarding officers, located on a wrong plot.

What did the court decide?

Release of petitioner on anticipatory bail upon furnishing bond of Rs. 10,000 with two sureties of like amount to the satisfaction of the learned Sub Divisional Judicial Magistrate, Dhanbad.

Keshav Yadav Vs The State Of Jharkhand — Corruption | Jharkhand HC (2014)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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A.B.A. No.395 of 2014

Keshav Yadav

..... Petitioner

Versus

The State of Jharkhand

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…. Opposite Party

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CORAM: HON’BLE MR. JUSTICE H.C. MISHRA

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For the Petitioner : Mr. Someshwar Roy, Advocate For the State : A. P.P.

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3/09.9.2014 Heard the learned counsel for the petitioner and learned A.P.P. for the Prosecution.

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The petitioner is apprehending his arrest in connection with Baghmara (Barora) P.S. Case No.313 of 2012, corresponding to G.R. No.4889 of 2012, for the alleged offences under Sections 420, 409, 434, 34 of the Indian Penal Code.

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Petitioner was working as Panchayat Sevak and in the FIR, it is alleged that a pond was to be constructed under the NAREGA Scheme, which was actually constructed on a different plot. When this irregularity came to the knowledge to the Deputy Commissioner, Dhanbad, he directed for recovery of money from the President and Secretary of the Beneficiary Committee, but the same was not returned and accordingly, the FIR was lodged.

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Learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in this case only being the Panchayat Sevak and has accordingly, prayed for anticipatory bail.

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Learned counsel for the State has opposed the prayer for anticipatory bail.

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From the FIR itself, it is apparent that they were the President and Secretary of the Beneficiary Committee, who were directed to refund the money and since the money was not refunded, the FIR was lodged.

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Since no such direction was given to this petitioner, I am inclined to release the petitioner on anticipatory bail. Accordingly, it is directed that in the event of surrender / arrest, the petitioner Keshav Yadav shall be released on bail on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount of each to the satisfaction of learned Sub Divisional Judicial Magistrate, Dhanbad, in connection with Baghmara (Barora) P.S. Case No.313 of 2012, corresponding to G.R. No.4889 of 2012, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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(H. C. Mishra, J)

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R.Kumar

Keshav Yadav v. The State Of Jharkhand

Case brief

What is this about?

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Keshav Yadav v. The State Of Jharkhand

Case brief

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