Md. Tabrej v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43161 of 2015 Arising Out of PS.Case No. -691 Year- 2014 Thana -ARARIA District- ARRARIA ====================================================== Md. Tabrej son of Moieze, resident of village- Rampur, P.S.+DistrictAraria. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bindeshwar Kumar For the Opposite Party/s : Mr. Iftekhar Mahmood(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-11-2015 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted under Sections 406, 420, 467, 468 and 471/34 of the Indian Penal Code. Allegation against the petitioner is that he had made defalcation of Rs. 71,000/- of the informant. It has been submitted on behalf of the petitioner that he is in custody since 31.7.2015. He has got no criminal antecedent. Chargesheet has been submitted in the present case. There is no allegation of tampering of evidence against the petitioner. It has been submitted that allegation is of defalcation of Rs. 71,000/-.

Petitioner is ready to deposit an amount of Rs. 40,000/- on the date of furnishing of the bail bond in the court below which shall be subject to the final disposal of the case. It is further submitted that the balance amount of Rs. 31,000/- shall be deposited by him within a period of three months from the date of release of the petitioner.

On behalf of the State, it is submitted that petitioner is

Patna High Court Cr.Misc. No.43161 of 2015 (3) dt.30-11-2015 2 / 2 named in the F.I.R. and had made defalcation of Rs. 71,000/-. Considering the aforesaid facts and circumstances, it is directed that petitioner shall deposit Rs. 40,000/- in the court below on the date of furnishing of the bail bond, which shall be subject to the final disposal of the case. The petitioner shall be released on provisional bail for a period of three months on furnishing bail bond of Rs.10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria, in connection with Araria P. S. Case no. 691 of 2014 (G.R. no. 3120 of 2014). On deposit of the balance amount of Rs.31, 000/- within the period of three months, the provisional bail granted to the petitioner shall be confirmed. (Sudhir Singh, J) sudip/- U T