IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 4782 of 2010
Kamal Kishore Das .... Petitioner
Versus
The State of Jharkhand .... Opp. Party
CORAM: HON'BLE MR. JUSTICE PRADEEP KUMAR
For the Petitioner : Mr. J. S. Tripathy, Advocate.
For the State : A.P.P.
05/09.06.2011
Heard learned counsel for the petitioner and learned counsel for
the State.
This is an application for grant of anticipatory bail to the petitioner
for the offence under Sections 406/409/419/420/467/468/471/120B of the
Indian Penal Code.
It is submitted by learned counsel for the petitioner that as per the
F.I.R. it appears that petitioner is a Panchayat Sevak of Mohanpur Block,
though there is no specific allegation against him that he had taken money
from any of the beneficiaries. The other allegation against him is that he has
committed the offence of dereliction of duty because he did not properly
apprise the B.D.O. before releasing the cheques to the beneficiaries regarding
quantum of works done in construction of the houses of Indira Awas Yojna.
He further submits that coaccused Zakir Hussain, Panchyat Sevek, against
whom there is similar allegation, has been granted anticipatory bail by a
Bench of this Court vide order dated 03.03.2011 in A.B.A. No. 155 of 2011
and as such, he may be enlarged on anticipatory bail.
Learned counsel for the State has opposed the prayer for
anticipatory bail.
In that view of the matter, petitioner is directed to surrender before
the court below within two weeks from today and on his surrender, the
petitioner be released on bail on his furnishing bail bond of Rs.10,000/(ten
thousand) with two sureties of the like amount each to the satisfaction of
the learned Chief Judicial Magistrate, Deoghar, in connection with
Mohanpur P. S. Case No. 245 of 2010 corresponding to G. R. Case No. 1018
of 2010, subject to condition as laid down under Section 438(2) of the Code
of Criminal Procedure and also subject to the condition that one of the
bailors will be local resident having property within the jurisdiction of the
Court concerned.
(Pradeep Kumar, J.)
Kamlesh/