Manoj Kumar Tiwari Vs the State of Jharkhand

¶1

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 219 of 2024

¶2

Manoj Kumar Tiwary --- --- Petitioner

¶3

Versus The State of Jharkhand --- --- Opposite Party

¶4

CORAM: HON’BLE MR. JUSTICE NAVNEET KUMAR

¶5

For the Petitioner : Mr. Parth Jalan, Advocate Mr. Bajrang Kumar, Advocate For the State : Mr. Vishwanath Roy, A.P.P.

¶6

07/05.07.2024 Heard learned counsel for the petitioner and the learned A.P.P. representing the State.

¶7

Petitioner seeks protection in terms of Section 438 of the Code of Criminal Procedure as he is apprehending his arrest in connection with Patan P.S. Case No. 104 of 2022 registered under Section 406,409,420 read with Section 120-B of the IPC, pending in the court of learned Judicial Matistrate 1^st Class, Palamau.

¶8

It is submitted on behalf of the petitioner that allegation against the petitioner is that petitioner being the Block Development Officer is alleged to have committed a criminal breach of trust by misappropriating huge amount of government money under the MNREGA scheme with respect to the construction of 401 animal shed in connivance with other co-accused persons. It is submitted on behalf of the petitioner that the entire allegations are false and fabricated in view of the fact that it was the petitioner who had instituted the F.I.R but later on he has been made an accused in this case. Further, it has been pointed out that the main culprit, if any was the ‘Mukhiya’ of panchayat namely Jai Shankar Prasad who had misappropriated huge government money. However, the said Jai Shankar Prasad has been enlarged on anticipatory bail by a co-ordinate Bench of this Court in A.BA. No. 3488 of 2023 dated 01.12.2023. Further, it has been pointed out the other similarly situated co-accused persons have also been enlarged on anticipatory bail namely Amrendra Kumar Singh- Assistant Engineer vide A.B.A. No. 7985 of 2023 dt.10.10.2023; Ganga

¶9

Paswan- Junior Engineer vide A.B.A. No. 7931 of 2023 dt. 09.10.2023; Abhishek Kumar @ Abhishek Kumar Singh- Panchayat Secretary vide A.B.A. No. 7934 of 2023 dt.09.10.2023; Satyendra Kumar – Rozgar Sevak vide A.B.A. No. 7912 of 2023 dated 09.10.2023 and Randhir Kumar Jaiswal –Block Programme Officer vide A.B.A. No. 7928 of 2023 dt. 09.10.2023.

¶10

It is submitted on behalf of the petitioner that petitioner is ready to deposit security money of Rs. 1 Lakh without being prejudice to his right to defence as one of the necessary conditions in the interest of justice if he is granted the privilege of anticipatory bail.

¶11

On the other hand, the learned A.P.P. appearing for the State has opposed the contentions raised on behalf of the petitioner and submitted that there is allegation that there was sanctioned quantity for the construction of 201 animal sheds but the petitioner had sanctioned for the construction of 401 animal sheds without going through the show cause reply filed by the ‘Mukhiya’, who had confessed his guilt. However, the learned A.P.P. did not controvert the fact that similarly situated co-accused including the ‘Mukhiya’ have been granted the privilege of anticipatory bail.

¶12

Having heard the parties, perused the record of the case.

¶13

In view of the persuasive submission advanced by the learned counsel for the petitioner, it is found just and proper to grant the petitioner the privilege of anticipatory bail after imposing a monetary condition without being prejudice to the right of his defence as agreed upon by the petitioner.

¶14

Accordingly, petitioner, above named, is directed to surrender in the court below within a period of 4 weeks and in the event of his surrender or arrest, he shall be enlarged on bail on furnishing bail bond of Rs.25,000/-(Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1^st Class, Palamau in connection with Patan P.S. Case No. 104 of 2022, subject to the conditions as laid down u/s 438(2) Cr.P.C.

¶15

¶16

A.Mohanty

¶17

and further subject to the condition that petitioner shall deposit a sum of Rs.1,00,000/(Rupees One Lakh) before the Deputy Commissioner, Palamau at Daltonganj without being prejudiced to the right of his defence and further he will cooperate in the criminal proceeding and he will appear before the Trial Court as and when required, failing which, the learned Trial Court shall take appropriate action as per the provision of law for cancellation of his bail.

¶18

(Navneet Kumar, J.)

¶19

Manoj Kumar Tiwari v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Manoj Kumar Tiwari v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Dukhmochan Rao Vs State of Jharkhand And Ors.

Nutan Prasad Vs the State of Jharkhand

Sanjay Mahto Alias Sanjay Kumar Vs the State of Jharkhand

Panbabu Kewat Vs the State of Jharkhand

Saharabhanu Khatoon Alias Saharbano Khatoon Vs the State of Jharkhand

Maryam Nesha Vs the State of Jharkhand