IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.13577 of 2010
Md.Azad Shahabuddin
Versus
The State Of Bihar
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with
Criminal Miscellaneous No.21448 of 2010
Satish Poddar
Versus
State Of Bihar
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with
Criminal Miscellaneous No.15246 of 2010
Sarita Devi W/O Sri Rajesh Kumar Singh R/O Vill.-
Bijulia,P.S.-Samho,Dist.-Begusarai.
Versus
1. The State Of Bihar
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09. 27.09.2011 Heard learned counsel Mr. Purushottam Jha, Advocate
for the petitioners, learned counsel Mr. Dilip Kumar,
Additional Public Prosecutor for the State and learned counsel
for the informant Mr. Akhileshwar Singh, Sr. Advocate who
vehemently opposes the prayer of bail.
From its origin in listing Agriculture Inputs Subsidy
and its payment is reported for defalcation of the amount which
really was paid by pointing out that 693 were identified while
payment was made to 1051 persons. Listing of dead persons
and payment to fake persons for payment to 1051 persons, a
register kept with informant obtained under R.T.I. Act is made
ground while the original one is called for from the concerned
2
Office showing no such number of persons to whom cheques
are issued. The Court while dealing with bail is concerned with
material collected by the Investigating Officer and its original
documents, if I.O. is doubted on that point that something is
left to be collected by the I.O. This Court has no concern with
register kept by informant in R.T.I. Act, that can be raised in
writ Court or elsewhere.
Role of petitioner of Cr. Misc. No.15246 of 2010 is
that she is Mukhiya, Member of the Committee, who identified
the persons entitled to subsidy and no doubt some dead persons
are listed in that, but submission is that no payment is made.
Specifically, it is submitted on her behalf that she has no
concern with issuance of cheques or its payment. Cheques are
issued by B.D.O. and payments were made on identification of
Ramashray Singh, Member of Panchayat Samiti or Panchayat
Sewak. It is conceded by learned counsel for the State also that
deads are not made any payment that is pointed out in
concerned registers.
List of beneficiaries is 693 and Serial number of the
persons to be handed over the cheques is 702 in serial said due
to handing over of cheques to heirs of dead persons.
Specifically, it is submitted that if some cheques are encashed
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by fake persons, petitioners of any of the Criminal
Miscellaneous has no concern with those payments. Md. Azad
Shahabuddin of Cr. Misc. No.13577 of 2010 is Block
Development Officer and Satish Poddar of Cr. Misc. No.21448
of 2010 is Nazir. B.D.O. has signed the cheque and that is
ascribed by Nazir. Withdrawal, if is not by real person,
signature or thumb impression of the persons withdrawn the
money with specimen signature or thumb impression of real
one has not been compared by handwriting and thumb
impression expert.
Having regard to the facts and circumstances of
the case, in the event of arrest or surrender within a period of
one month from the date of receipt/production of a copy of
this order, the above named petitioners shall be released on
bail on furnishing bail bond of Rs. 10,000/- (ten thousand)
each with two sureties of the like amount each to the
satisfaction of the Chief Judicial Magistrate, Begusarai in
connection with Begusarai Town P. S. Case No.431 of 2008,
subject to the condition as laid down under section 438(2) of
the Cr. P. C.
Vikash ( Mandhata Singh, J.)