Lalan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17954 of 2017 Arising Out of PS.Case No. -185 Year- 2014 Thana -DAUDNAGAR District- AURANGABAD ====================================================== Lalan Singh son of Sri Biran Singh Resident of Village- Dihri, P.S. Obra, District Aurangabad, Bihar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajesh Kumar Singh For the Opposite Party/s : Mr. Nityanand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-05-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in connection with Daudnagar P.S. Case No. 185 of 2014, registered for the offences punishable under Sections 409 and 420 Indian Penal Code. Allegations against the petitioner is that the amount which was allotted for distribution of the old age pension, he has defalcated Rs. 84,900/-.

It has been submitted on behalf of the petitioner that as a matter of fact, he has distributed the amount and as he fell ill, Rs. 84,900/- was kept with him and since after his recovery from illness, he has deposited the aforesaid amount which would appear from para 19, 20 and 21 of the case dairy.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts as

Patna High Court Cr.Misc. No.17954 of 2017 (2) dt.01-05-2017 stated above, let the petitioner, named above, in the event of arrest or surrender before the court below within a period of six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Daudnagar, Aurangabad in connection with Daudnagar P.S. Case No. 185 of 2014, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

With following conditions:

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court;

(ii) The petitioner will not induce any witness or tamper with the evidence; and (iii) The petitioner shall co-operate in the investigation of the case and make himself available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of his bail bond.

(Vinod Kumar Sinha, J) S.Sb/- U T