The High Court of Jharkhand granted bail to the petitioner, an accused in a corruption case involving the MANREGA scheme, considering factors such as common allegations against co-accused and prior anticipatory bail.
The petitioner is directed to be released on bail by furnishing a bond of Rs. 10,000 with two sureties of the like amount each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI B. A. No. 446 of 2015 Bihari Ram ..... … Petitioner Versus The State of Jharkhand .…. … Opposite Party -------CORAM : HON’BLE MR. JUSTICE H. C. MISHRA -----For the Petitioner : Mr. Jitendra Shankar Singh, Advocate For the State : A.P.P. --------
7/ 16.04.2015 Heard learned counsel for the petitioner and learned A.P.P. for the
Prosecution.
The petitioner has been made accused for the offences under Sections 406, 409, 467, 468 and 471 of the Indian Penal Code, in connection with Manika P.S. Case No. 76 of 2014 corresponding to G.R. No. 508 of 2014.
The petitioner was working as Rojgar Sevak and there is allegation against the petitioner and other co-accused persons of making irregularities in the works relating to MANREGA scheme and to have misappropriated the Government money.
Learned counsel for the petitioner has submitted that on the basis of same enquiry report, earlier a separate case was lodged against the petitioner, in which, the petitioner has been granted anticipatory bail. Learned counsel has accordingly, prayed for bail submitting that there is common allegations against the petitioner and other officials and the petitioner is in custody since 15.10.2014.
Learned counsel for the State has opposed the prayer for bail and has pointed out from the case diary that several irregularities were found against the petitioner also in execution of the works relating to MANREGA scheme.
In the facts of this case, since there is common allegation against the accused persons and it also appears that on the same enquiry report, earlier a separate case was lodged against the petitioner, as also taking into consideration the period of custody of the petitioner, I am inclined to enlarge the petitioner, Bihari Ram, on bail. Accordingly, the petitioner, named above, is directed to be released on bail, on furnishing bail bond of Rs. 10,000/- (ten thousand), with two sureties of the like amount each, to the satisfaction of learned Sub-Divisional Judicial Magistrate, Latehar, in connection with Manika P.S. Case No. 76 of 2014 corresponding to G.R. No. 508 of 2014
R.Kr.
2 issues framed by the court
Whether the petitioner should be released on bail considering common allegations, prior anticipatory bail grant, and period of custody.
Whether the petitioner is entitled to bail under Sections 406, 409, 467, 468 and 471 of the Indian Penal Code.
Bihari Ram
The State of Jharkhand
H.C. Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
