Jharkhand High Court
Banka Ram vs The State Of Jharkhand on 5 July, 2016
Author: Anant Bijay Singh
Bench: Anant Bijay Singh
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B. A. No. 799 of 2016
Banka Ram ...... Petitioner
Versus
The State of Jharkhand ...... Opposite Party
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CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH
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For the Petitioner : Mr. A.K. Kashyap, Sr. Advocate
Mr. Anurag Kashyap, Advocate
For the State : A.P.P.
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06/Dated: 05/07/2016
Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is apprehending his arrest in connection with the case registered under Sections 120(B), 403, 408, 409, 421, 466, 477A of the Indian Penal Code.
Learned counsel for the petitioner has submitted that informant was directed by the Deputy Development Commissioner, Lohardaga vide letter No. 1831 dated 16.11.2010 to lodge an first information report for misappropriation of the Government amount which was meant for cultivation of Jatropha by Seva Mitra N.G.O who was entrusted with the cultivation of "Jatropha" and during the course of enquiry it was found that in the misappropriation of Government fund Seva Mitra, N.G.O, Kuru and other Government Officers were involved. Before execution of the work and release of the fund one agreement and MOU would execute with B.D.O and N.G.O. It has further been alleged that on the agreement relating to Jatropha Utpadan Samittee Jingi which has been executed with Chamra Oraon and Karanjit Oraon, the B.D.O, Sri Banka Ram had put his signature, but without date. It is also submitted that petitioner was being harassed by then present Deputy Commissioner, Lohardaga and his subordinates with oblique motive though the petitioner has not committed any offence. That as per the MOU/Agreement for recovery of money steps has already been taken against the responsible persons.
Learned A.P.P has opposed the prayer for bail and filed the counter affidavit and stating in para 9 that at para 50 of the case diary statement of Rajesh Kumar Barwar, K.P. Deo Executive Engineer 52-Vinod Kumar Rana Assistant Engineer have been recorded and they have fully supported the case and petitioner does not deserve the anticipatory bail.
Be that as it may, the above named petitioner is directed to surrender in the Court below within three weeks from the date of this order and in the event of his arrest or surrender the Court below shall enlarge the above named petitioner on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Lohardaga in connection with Kuru P.S. Case No. 83 of 2010 corresponding to G.R. No. 525 of 2010, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as well as on the following conditions:-
(I) Further petitioner is directed to deposit Rs. 5,000,00/- (five lakh) in the trial Court on the date of his surrender.
(ii) One of the bailors shall be the local resident of Lohardaga District.
(iii) The aforesaid deposit of Rs. 1,000,00/- (one lakh) is subject to the result of this case.
(Anant Bijay Singh, J.) Satayendra/