Patna High Court - Orders
Umesh Kumar Rao & Ors vs The State Of Bihar on 6 April, 2017
Author: Birendra Kumar
Bench: Birendra Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.14764 of 2017
Arising Out of PS.Case No. -433 Year- 2016 Thana -MUFFASIL District-
WESTCHAMPARAN(BETTIAH)
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1. Umesh Kumar Rao, Son of Rajendra Rao, Resident of Village-
Laukariya, Police Station- Bairiya, District- West Champaran.
2. Bhutti Yadav, Son of Kanahiya Yadav, Resident of Village-
Tadhwanandpur, Police Station- Bairiya, District- West Champaran.
3. Ram Bihari Sah, Son of Sheo Sah, Resident of Village- Khap Tola,
Nautan, Police Station Nautan, District- West Champaran.
4. Gagandeo Prasad Yadav @ Gagandeo Yadav @ Gagandeo Prasad, Son
of Late Ram Autar Prasad Yadav, Resident of Village- Tadhwanandpur,
Police Station- Bairiya, District- West Champaran.
5. Manoj Kumar, Son of Paras Prasad, Resident of Village- Bankatwa,
Police Station- Lauriya, District- West Champaran.
6. Harendra Rao, Son of Late Jagarnath Rao, Resident of Village- Tiwary
Tola, Police Station- Bairiya, District- West Champaran.
.... .... Petitioner/s
Versus
The State of Bihar
.... .... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Sanjay Kumar No.-7
For the Opposite Party/s : Mr. Sri Nagendra Prasad
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CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR
ORAL ORDER
2 06-04-2017Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 406, 409, 420, 467, 468, 471 and 120B of the Indian Penal Code.
The petitioners are farmers and have purchased tractors. Allegation is that the purchase order was prepared by backdating the purchase receipt just to claim excess subsidy and Patna High Court Cr.Misc. No.14764 of 2017 (2) dt.06-04-2017 2 accordingly Rs.45,000/- per beneficiary subsidy was allowed.
The petitioners are ready to refund the subsidy amount within three months.
Considering the aforesaid facts, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran/Successor Court in connection with Bettiah Muffasil P.S. Case No.433 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
If the petitioners could not report regarding refund of subsidy within three months, then the learned court below shall be at liberty to cancel their bold bonds.
Arvind/- (Birendra Kumar, J) U T