Allowed

Rajan Kumar v. The State Of Bihar

Patna HC30 Aug 2016CR. MISC./33580/2016

Case brief

AI extract

What is this about?

The Patna High Court granted interim bail to a petitioner apprehending arrest under Sections 409 and 34 IPC in a corruption case relating to MGNREGA. The Court fixed the bail bond amount and recorded conditions regarding physical presence.

What did the court decide?

Petitioner released on bail furnishing bond of Rs. 10,000 with two sureties of like amount subject to specified conditions.

Rajan Kumar Vs The State Of Bihar — Corruption | Patna HC (2016)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA

¶2

Criminal Miscellaneous No.33580 of 2016

¶3

Arising Out of PS.Case No. -84 Year- 2016 Thana -MAHUA District- VAISHALI(HAJIPUR) ====================================================== Rajan Kumar Son of Tej Narayan Gupta, resident of Village - Pul Road Mahua, P.S. - Mahua, District - Vaishali.

¶4

.... .... Petitioner Versus The State of Bihar. .... .... Opposite Party ====================================================== Appearance: For the Petitioner : Mr. Shakil Ahmad Khan, Advocate For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER

¶5

2 30-08-2016 Heard learned counsel for the petitioner and learned APP for the State.

¶6

The petitioner apprehends his arrest for the offences alleged under Sections 409 and 34 of the Indian Penal Code registered in connection with Mahua P.S. Case No. 84 of 2016.

¶7

It is submitted that the petitioner being the Panchayat Rozgar Sevak has been falsely implicated in connection with MGNREGA Plantation Scheme relating to the year 2009-10 for which enquiry report was submitted after prolonged delay on 29.11.2013, by which time most of the plantation were damaged. It is further submitted that after consideration of the explanation of the accused persons, the Programme Officer, Mahua has not recorded any specific finding on embezzlement. Similarly situated

¶8

co-accused Ravindra Kumar and Sushil Kumar Bharti have been

¶9

Patna High Court Cr.Misc. No.33580 of 2016 (2) dt.30-08-2016

¶10

¶11

granted anticipatory bail by this Court in Cr. Misc. No. 33023 of 2016 and 33443 of 2016, respectively.

¶12

Having regard to the entirety of the facts and circumstances, in the event of the petitioner’s arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Mahua P.S. Case No. 84 of 2016, subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the condition that the petitioner will remain physically present before the police/Court as and when required and his failure to appear before the learned Court below on two consecutive dates, if required, without assigning any reason will entail cancellation of his bail bonds without being prejudiced by this order.

¶13

(Vikash Jain, J)

¶14

Chandran/Ibrar

¶15

U T

Rajan Kumar v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Rajan Kumar v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Ravindra Ram Vs the Union of India and Ors.

Bhushan Sao @ Chandra Bhushan Sao Vs The State Of Bihar

Ghotai Yadav Vs The State Of Bihar

Ramashray Sharma @ Ramashray Singh Vs The State Of Bihar

Murad Vs The State Of Bihar

Nirmala Devi and Ors. Vs The State Of Bihar