Patna High Court

CR. MISC./28869/2013 of Anil Kumar Rai @ Anil Kumar Yadav Vs The State Of Bihar on 24 December 2013

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COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.28869 of 2013 ====================================================== Anil Kumar Rai @ Anil Kumar Yadav, S/O Late Ram Ayodhaya Rai Resident of Village- Shitalpatti, P.S.- Taraiya, Distt.- Saran .... .... Petitioner Versus The State of Bihar

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IN THE HIGH COURT OF JUDICATURE AT PATNACriminal Miscellaneous No.28869 of 2013

======================================================

Anil Kumar Rai @ Anil Kumar Yadav, S/O Late Ram Ayodhaya Rai Resident of Village- Shitalpatti, P.S.- Taraiya, Distt.- Saran

.... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== ======================================================

CORAM: HONOURABLE MR. JUSTICE V.N. SINHA ORAL ORDER 3 24-12-2013 Heard learned counsel for the petitioner and the State. Petitioner, who is Mukhiya of Chainpur Panchayat, is apprehending his arrest in connection with a case registered for the offences under Sections 420, 409, 467 and other allied sections of the Penal Code in the light of the report of Block Development Officer, Taraiya, Saran, which is the basis of the present case. It appears from the report itself, that on account of illness of the Mukhiya, the Panchayat Secretary was getting the work of Scheme No. 11/2010-11 executed through Rajendra Rai, a teacher, who was not authorized to execute such work. From the report it further appears that the inquiry with regard to the Job Card workers has not been made. It is submitted on behalf of the petitioner that on account of illness, he could not ensure proper execution of the scheme and for the illness he cannot be held responsible. Let petitioner, named above, surrender in the court Petitioner, who is Mukhiya of Chainpur Panchayat, is apprehending his arrest in connection with a case registered for the offences under Sections 420, 409, 467 and other allied sections of the Penal Code in the light of the report of Block Development Officer, Taraiya, Saran, which is the basis of the present case. It appears from the report itself, that on account of illness of the Mukhiya, the Panchayat Secretary was getting the work of Scheme No. 11/2010-11 executed through Rajendra Rai, a teacher, who was not authorized to execute such work. From the report it further appears that the inquiry with regard to the Job Card workers has not been made. It is submitted on behalf of the petitioner that on account of illness, he could not ensure proper execution of the scheme and for the illness he cannot be held responsible.

below within four weeks from the date of receipt/production of a copy of this order in the court below and if it is true that petitioner was ill during the period of execution of the scheme in question, he be admitted to the privilege of bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Saran, Chapra in connection with Taraiya P.S. Case No. 103/12, subject to the conditions, as laid down under Section 438(2) of the Cr.P.C.

P.K.P.

(V.N. Sinha, J)

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