IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.32582 of 2010
SRI ASHOK YADAV (MUKHIA)
Versus
THE STATE OF BIHAR
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4/ 14.01.2011 Heard learned counsel for the petitioner and learned
counsel for the State.
Petitioner is Mukhiya of village Paura alleged for Rs.
3000/- from beneficiaries of Mukhiya Mantri Awas Yojana.
Submission of the learned counsel for the petitioner is that earlier
also for the same act, Gogri P.S. Case No. 10 of 2010 was filed in
which petitioner has been allowed bail vide Cr. Misc. No. 7073 of
2010. Certainly, nature of allegation is same but grievance is
different that of individual one Gita Devi and collectively of
aggrieved who came forward to expose their grievances. Bail in
earlier case was allowed due to non-corroboration. However,
direction is there to reconsider the bail at the stage of hearing of the
case on the point of charge.
In the present case, several aggrieved persons appeared
and corroborated their allegation about receiving from them Rs.
3000/-. In such circumstance, in earlier case if some of them sworn
affidavit about giving no bribe is of no consequence to favour the
petitioner.
Above discussed allegation does not justify the
petitioner for anticipatory bail.
Accordingly, prayer of the petitioner is rejected.
shail (Mandhata Singh, J.)