Allowed¶20

Rajiv Singh @ Rajiv Kumar Singh v. The State of Bihar

Anticipatory bail (Patna High Court) – Offences under Sections 406, 409, 420, 384, 34 and 120B IPC

Patna HC19 Mar 2024CR. MISC./13284/2024

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What is this about?

Patna High Court, CR. MISC. No.13284 of 2024, decided 19-03-2024 (Prabhat Kumar Singh, J): anticipatory bail allowed to Rajiv Singh @ Rajiv Kumar Singh in connection with Complaint Case No. 1169 of 2021, Araria (offences under ss. 406, 409, 420, 384, 34, 120B IPC; alleged defalcation of Rs. 2,65,000/- of Saat Nischay scheme funds by co-accused Rajesh Mandal); bail bond Rs. 10,000 with two like sureties; s. 438(2) CrPC conditions apply.

What did the court decide?

Anticipatory bail: petitioner to be enlarged on bail in the event of arrest or surrender within six weeks, on bail bond of Rs. 10,000 with two sureties of the like amount each, subject to conditions under section 438(2) CrPC. ¶20

Rajiv Singh @ Rajiv Kumar Singh Vs The State of Bihar — Cheating and Forgery | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.13284 of 2024

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Arising Out of PS. Case No.-1169 Year-2021 Thana- COMPLAINT CASE District- Araria

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Rajiv Singh @ Rajiv Kumar Singh S/O LATE DAYANAND BISHWAS (PANCHAYAT SACHIVA),R/O VILLAGE- KHAWASPUR, WARD NO. 13, PS.- SIMRAHA, DIST.- ARARIA.

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... ... Petitioner/s

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Versus

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The State of Bihar

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DILIP BAHARDAR S/O ACHIN BHARADAR R/O VILLAGEKAHAWASPUR, WARD NO. 13, PS.- SIMRAHA, DIST.- ARARIA.

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Bidhu Ranjan, Advocate Mr. N . K . Agrawal , Advocate Mr. Diksha Kumari , Advocate For the Opposite Party/s : Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

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2 19-03-2024 Heard learned counsel for the petitioner and the

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State.

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Petitioner apprehends arrest in a case registered for the offence punishable under sections 406, 409, 420, 384, 34 and 120B of the Indian Penal Code .

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As per the prosecution case, it is alleged that on 1806-2019 and 19-06-2019, by means of three different transactions this co-accused Rajesh Mandal is alleged to have withdrawn Rs. 2,65,000/- and the gave the passbook and cheque to other co-accused and, as such, he defalcated the alleged

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Patna High Court CR. MISC. No.13284 of 2024(2) dt.19-03-2024 2/3

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money of the government scheme ( Saat Nischay ) for the year 2018-2019 of Panchayat - Khawaspur , District- Araria and this petitioner is said to have associated the co-accused Rajesh Mandal in the same .

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It is submitted on behalf of the petitioner that he has falsely been implicated in this case due to political rivalry . At the relevant time, the petitioner was sachiv of the aforesaid Panchaya t. There is no such allegation that the work in question was not completed. The alleged cheque book bears the signature of the complainant because at the relevant time he was a ward member of the aforesaid Panchayat in question , and the power to sign the check has been vested to the ward member. He further submits that the alleged account was operated by the complainant himself and he used to issue a check for the amount received by him in his account by the government, for the payment of material and labour charges. As a matter of fact, if the complainant has not issued any cheques then he should have been protested before the bank in regard to the withdrawal of alleged amount. Hence , this petitioner has not withdrawn or defalcated the the aforesaid amount by any illegal means or without the consent of the complainant, and as such, no offence as alleged is made out against him.

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Patna High Court CR. MISC. No.13284 of 2024(2) dt.19-03-2024 3/3

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Learned counsel for the State opposes the bail petition of the petitioner.

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Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial magistrate 2^nd Class Araria in connection with C . A Case No. 1169 of 2021 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure .

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(Prabhat Kumar Singh, J)

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Koushik/-

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U T

Rajiv Singh @ Rajiv Kumar Singh v. The State of Bihar

Case brief

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Rajiv Singh @ Rajiv Kumar Singh v. The State of Bihar

Case brief

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