Patna High CourtCR. MISC./3912/2015bail granted

Gautam Kumar v. The State Of Bihar

2015-01-30Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.3912 of 2015 (2) dt.30-01-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3912 of 2015 Arising Out of PS.Case No. -299 Year- 2013 Thana -DESARI District- VAISHALI(HAJIPUR) ======================================================

1. Gautam Kumar (Panchayat Rozgar Sewak, Rashulpur, Habib) S/o Nagendra Singh Resident of Garahi, P.S. Jandaha, District Vaishali. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shakil Ahmad Khan For the Opposite Party/s : Mr. Khurshid Anwar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 30-01-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Desari (Chandpura) P.S. Case No. 299 of 2013 registered for the offences punishable under Sections 406, 409, 420/34 of the Indian Penal Code.

Petitioner was Panchayat Rozgar Sewak at the relevant time and there is accusation against him that he misappropriated the government money which had been given to him for construction of platform (Chabutra etc.). Learned counsel for the petitioner drew my attention towards Annexure-2 to this petition and submitted that petitioner had already constructed Chabutra and, therefore, the question of

Patna High Court Cr.Misc. No.3912 of 2015 (2) dt.30-01-2015 misappropriation of government money does not arise. Considering the aforesaid facts and circumstances as well as submissions of the parties particularly keeping in mind Annexure-2 to this petition, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of his arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Vaishali at Hajipur in Desari (Chandpura) P.S. Case No. 299 of 2013 subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T