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2023 DIGILAW 872 (JHR)

Motilal Sharma v. State of Jharkhand

2023-07-13

PRADEEP KUMAR SRIVASTAVA

body2023
ORDER : 1. Heard learned counsel for the parties. 2. Apprehending his arrest in connection with Manatu P.S. Case No. 22 of 2022 instituted under Sections 406/407/408/409/420/120B of the Indian Penal Code, the petitioner has moved this Court for grant of privilege of anticipatory bail. 3. As per the written report of the informant, it is alleged that the Village Bhitdiha, was identified in Birsa Harit Gram Yojana in which the labour had to dig the pit but instead the pit was dug by the JCB machine which was against the provision of MNREGA Scheme. 4. Learned counsel for the petitioner has submitted that the petitioner is the Block Programme Officer under MNREGA Scheme and in the Village Manatu, Bhitdiha some beneficiaries were selected for development of Mango grove. Learned counsel for the petitioner has submitted that the petitioner has inspected the spot on 04.08.2022 and found that planting Mango trees pits were excavated by using JCB machine at night. The petitioner has immediately issued show-cause to the beneficiaries and also communicated the matter to the higher officers but he has been falsely implicated in this case. It is further submitted that the petitioner has no criminal antecedent. It is further submitted that petitioner undertakes to co-operate with the investigation of the case and will not indulge in tampering with prosecution evidence and will abide by all terms and conditions imposed by this Court in the matter of granting anticipatory bail. Hence, it is submitted that the petitioner may be extended the privilege of anticipatory bail. 5. Learned Addl. P.P. appearing for the State opposes the prayer for anticipatory bail of the petitioner and has submitted that there is direct allegation against the petitioner that he has also assisted in the alleged offence to the beneficiaries. Hence, he does not deserve anticipatory bail. 6. Considering the facts and circumstances of this case, the nature of allegation against petitioner coupled with materials available on record and in view of the fact that most of the pit has manually been excavated, I am inclined to extend privilege of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court within four weeks from today and in the event of his arrest or surrendering, he will be enlarged on bail on furnishing bail bond of Rs. Accordingly, the petitioner is directed to surrender in the Court within four weeks from today and in the event of his arrest or surrendering, he will be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Palamau in connection with Manatu P.S. Case No. 22 of 2022 with the condition that he will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish his mobile number and photocopy of the Aadhar Card with an undertaking that he will not change his mobile number during the pendency of the case and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.