Jagdeo Prasad Tanti v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.16439 of 2015 Arising Out of PS.Case No. -19 Year- 2015 Thana -GOH District- AURANGABAD ====================================================== Jagdeo Prasad Tanti Son of Sri Salik Ram Tanti, Resident of VillageDhankutta Bazar, Police Station-Daudnagar, District- Aurangabad. .... .... Petitioner.
Versus
The State of Bihar .... .... Opposite Party.
====================================================== with Criminal Miscellaneous No.20976 of 2015 Arising Out of PS.Case No. -19 Year- 2015 Thana -GOH District- AURANGABAD ====================================================== Sidheshwar Ram Son of Late Deo Nandan Ram Resident of VillageShameshwar Nagar, Police Station- Daud Nagar, District Aurangabad. .... .... Petitioner.
Versus
The State of Bihar .... .... Opposite Party. ====================================================== Appearance :
(In Cr.Misc. No.16439 of 2015) For the Petitioner/s : Mr.Gajanan Arun, Advocate. For the Opposite Party/s : Mr. J.N. Thakur (A.P.P.) (In Cr.Misc. No.20976 of 2015) For the Petitioner/s : Mr. Rakesh Kumar Singh, Advocate. For the Opposite Party/s : Mr. R.B.Roy Raman (A.P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 13-08-2015 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
Both the applications have been heard together as they arise out of the same police case.
Learned counsel appearing on behalf of the petitioners submits that this application for grant of anticipatory bail arises
out of Goh P.S. Case No.-19 of 2015, disclosing offences under Sections 420, 409/34 of the Indian Penal Code. Learned counsel for the petitioners have submitted that the main allegation of fraudulent withdrawal of the amount of Rs.16,75,000/- is against Rajesh Kumar Ranjan, the Postmaster of Munjahara Branch Post office. He submits that even on the basis of the allegation as contained in the First Information Report, no offence under the said sections are made out against this petitioner and at the maximum dereliction of duty can be alleged against them. He further submits that the said amount of Rs. 16,75,000/- has finally been deposited by said Rajesh Kumar Ranjan in the Post-office. My attention has been drawn to Annexure-2 series of Cr. Misc. No. 20976 of 2015, in support of the submission. Accordingly, this application is allowed.
Let the petitioners, above-named, in the event of their arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Goh P.S. Case No. 19 of 2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioners shall present themselves before the Police/Court, as the case may be, as and when required and, in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.
(Chakradhari Sharan Singh, J.) Kamlesh/- U T