Jharkhand High Court
Anil Kumar Singh vs The State Of Jharkhand on 4 March, 2014
Author: H.C.Mishra
Bench: H.C.Mishra
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A No. 869 of 2014
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Anil Kumar Singh .... Petitioner
-Versus-
The State of Jharkhand ..... Opposite Party
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CORAM : HON'BLE MR. JUSTICE H.C.MISHRA
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For the Petitioner : : M/s. Rupesh Singh
For the State : : M/s. A.P.P.
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3/ 04.03.2014. Heard learned counsel for the petitioner and the learned counsel for the State.
The petitioner has been made accused in connection with West-Singhbhum Sadar P.S. Case No.52 of 2011, corresponding to G.R No.379 of 2011, for the offence under Sections 406, 409, 467, 468 / 34 of the Indian Penal Code.
There is allegation against three Junior Engineers to whom the money was advanced under MNREGA Scheme that they did not execute the work nor they returned back the money.
The petitioner was not initially named as accused in this case. The petitioner is working as Assistant Engineer. Learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in this case and from the F.I.R itself it appears that money was advanced to the Junior Engineers and not to the Assistant Engineer. Learned counsel has accordingly, prayed for bail.
Learned counsel for the State has opposed the prayer for bail submitting that the name of one Junior Engineer Anil Kumar Srivastava was subsequently removed and at his place the name of this petitioner has been substituted. Learned counsel for the State accordingly, submitted that there is allegation against the petitioner also to whom the money was advanced.
From the impugned order it appears that the Court below has rejected the bail application of the petitioner stating that the Anticipatory Bail of this petitioner has been dismissed by the High Court and it is also stated that in letter No. 880 dated 21.8.2011 addressed to the Officer In-charge, there is allegation that the petitioner was advanced Rs.21,01,071/- for execution of work in MNREGA Scheme which has been defalcated. The said letter No. 880 dated 21.8.2011 is the F.I.R itself, which clearly shows that the money was advanced to Anil Kumar Srivastava, Junior Engineer and not to the petitioner. The report on the basis of which the F.I.R. was lodged also clearly shows that the money was advanced to Anil Kumar Srivastava, Junior Engineer.
In the facts of this case, I am inclined to release the petitioner, on bail. Accordingly, the petitioner, Anil Kumar Singh, is directed to be released 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 learned Chief Judicial Magistrate, Chaibasa, in connection with, West-Singhbhum Sadar P.S. Case No.52 of 2011, corresponding to G.R No.379 of 2011.
(H.C.Mishra, J.) D.S.