Patna High CourtCR. MISC./19024/2015bail granted

Rajeshwar Prasad v. The State Of Bihar

2015-07-02Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.19024 of 2015 (3) dt.02-07-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19024 of 2015 Arising Out of PS.Case No. -182 Year- 2013 Thana -DHAKA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Rajeshwar Prasad son of Late Bibhishan Ram, resident of villageBhagirathi Lane , Mahendru, Police Station- Sultanganj in the district of Patna , presently posted as Dy. Collector Land Reforms , Sheikhpura in the district of Sheikhpura.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prabhu Narayan Sharma For the Opposite Party/s : Mr. Dilip Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02-07-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Dhaka P.S. Case No. 182 of 2013 registered for the offence punishable under Section 409 of the Indian Penal Code. According to prosecution case, petitioner was posted as Executive Officer, Nagar Panchayat, Dhaka from 05.03.2013 to 05.07.2013 and between the aforesaid period, huge amount was withdrawn for which the present case was lodged against the then Nazir of aforesaid Nagar Panchayat, Dhaka. The then Nazir, the F.I.R. named accused, has already been granted privilege of

Patna High Court Cr.Misc. No.19024 of 2015 (3) dt.02-07-2015 anticipatory bail by a co-ordinate bench of this Court vide order dated 27.08.2014 passed in Cr. Misc. No. 7535 of 2014 taking note of this fact that proper accounting of the so-called defalcated amount had already been submitted by the F.I.R. named accused, the then Nazir.

Considering the aforesaid facts and circumstances as well as submissions of the parties, 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 Sub Divisional Judicial Magistrate, Sikarahana at Motihari in Dhaka P.S. Case No. 182 of 2013 subject to condition as laid down under Section 438(2) of the Cr.P.C.

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