Patna High CourtCR. MISC./2129/2015bail granted

Satanjeev Jha v. The State Of Bihar

2015-01-19Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2129 of 2015 Arising Out of PS.Case No. -249 Year- 2013 Thana -BIHRA District- SAHARSA ====================================================== Satanjeev Jha S/O Late Sita Ram Jha Resident of vill-Jagatpur,P.OBarail,P.S+Distt.-Supaul .... .... Petitioner.

Versus

The State of Bihar .... .... Opposite Party.

====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 19-01-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with Bihra P.S. Case No. 249 of 2013 registered under Sections409 & 406 of the Indian Penal Code. Admittedly, the petitioner has already superannuated and his retiral dues has not been cleared as yet and, therefore, even if, in course of inquiry, it is found that there is dues against the petitioner, the same can be adjusted with his retrial dues. Moreover, it is pointed out on behalf of the petitioner that the petitioner has already cleared all the dues, which is evident from perusal of Annexure-2 to this petition.

Taking into consideration the above-said facts and circumstances as well as submission of the parties, this

Patna High Court Cr.Misc. No.2129 of 2015 (2) dt.19-01-2015 2/2 anticipatory bail petition is allowed and it is ordered that in the event of arrest or surrender in the court below within four weeks from today, the petitioner, named-above, shall be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) with two sureties of the like amount each in connection with Bihra P.S. Case No. 249 of 2013 to the satisfaction of Chief Judicial Magistrate, Saharsa subject to conditions as laid down u/S 438(2) of the Cr. P.C.

However, it is made clear that if, in course of inquiry, it is found that there is dues against the petitioner, the same can be adjusted with his retrial benefit which shall be subject matter of conclusion of trial of the petitioner.

(Hemant Kumar Srivastava, J) A.K.V./- U T