Allowed

Neti Paswan v. The State Of Bihar

Patna HC21 Jun 2013CR. MISC./5533/2013

Case brief

AI extract

What is this about?

Patna High Court allowed two joint anticipatory bail petitions filed against officials accused of defalcation in the Indira Awas Scheme under multiple IPC sections. The court granted bail subject to conditions including a bond and adherence to standard CrPC requirements.

What did the court decide?

Petitioners allowed bail if arrested or surrender within three weeks, each to furnish bond of Rs. 10,000 with two sureties under section 438(2) Cr.P.C.

Neti Paswan Vs The State Of Bihar — Corruption | Patna HC (2013)

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Patna High Court Cr.Misc. No.5533 of 2013 (6) dt.21-06-2013

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.5533 of 2013 ====================================================== 1. Neti Paswan Son Of Late Madhu Paswan .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.9637 of 2013 ====================================================== 1. Abu Shams S/O Late Abul Quasim .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Chittaranjan Sinha, Sr. Advocate For the State : Mr. R.P.S. Singh (A.P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 6 21-06-2013 Both the above stated anticipatory bail petitions arise out of Economic Offences P.S. Case No. 01 of 2012 registered for the offences punishable under Sections 406, 409, 420, 465, 468, 471 and 120B of the Indian Penal Code on the allegation that petitioners and several other officials committed irregularities in execution of Indira Awas Scheme and defalcated rupees two crores and accordingly, both the above stated anticipatory bail petitions are being disposed of by this common order. Heard learned counsel for the petitioners as well as

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Patna High Court Cr.Misc. No.5533 of 2013 (6) dt.21-06-2013

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learned Additional Public Prosecutor for the State.

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Learned counsel appearing in Cr. Misc. No. 5533 of 2013 submits that according to prosecution case itself, the alleged occurrence took place between 2006-2007 to 2010-2011 and as a matter of fact, petitioner joined as Panchayat Sewak at Harpur Panchayat on 07.07.2011 meaning thereby the petitioner joined his post after the above stated occurrence. He further submitted that no doubt, petitioner is named in the first information report but neither any specific overt-act has been attributed against him nor any period for commission of the offence by this petitioner has been given in the first information report.

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Learned counsel appearing in Cr. Misc. No. 9637 of 2013 submits that petitioner joined his place of posting on May, 2009 as Assistant Urdu Translator and remained there till September, 2009 and his duty was only to make translation and nothing more but in spite of that he has been roped in the present case by the prosecution with ulterior motive and moreover, nothing specific has been averred against the petitioner.

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Considering the aforesaid facts and circumstances as well as submissions of the parties, both the aforesaid anticipatory bail petitions are allowed and it is ordered that petitioners, in the event of their arrest/ surrender within three weeks from the date of

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Patna High Court Cr.Misc. No.5533 of 2013 (6) dt.21-06-2013

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receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Darbhanga in Economic Offences P.S. Case No. 01 of 2012 subject to condition as laid down under Section 438(2) of the Cr.P.C.

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(Hemant Kumar Srivastava, J)

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SHAHZAD/-

Neti Paswan v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Neti Paswan v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

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