Kumar Gaurab v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5697 of 2015 Arising Out of PS.Case No. -36 Year- 2014 Thana -SAUR BAZAR District- SAHARSA ====================================================== Kumar Gaurab Son of Bimal Kumar Jha, Resident of Mohalla - Gulzarbagh, Ward No. 20, P.S. & District - Madhepura. At relevant point of time, working & posted as Executive Assistant (Purchase), Patarghat, P.S. - Sourbazar (Patarghat O.P.), District - Saharsa. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajesh Kumar Jha For the Opposite Party/s : Mr. Nityanand Tiwary(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-09-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Saurbazar P.S. Case No 36 of 2014 for the offences instituted under Sections 406, 409, 420, 467, 468 and 471of the I.P.C. The prosecution story, in brief, is that the petitioner along with one co-accused is alleged to have misappropriated the Government property amounting to Rs.1,65,31,695.00 which was entrusted to him in large quantity.

It has been submitted on behalf of the petitioner that the petitioner who happens to be on the post of Executive Assistant has been made accused in the present case due to mistake of fact.

Patna High Court Cr.Misc. No.5697 of 2015 (4) dt.04-09-2015 2/2 There is no specific allegation of misappropriation against the petitioner. However, the petitioner is ready to deposit an amount of Rs.25,000/- before the court below which will be subject to the final result of the case.

On behalf of the State it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, the petitioner, above named, shall deposit an amount of Rs.25,000/- before the court below which shall be subject to the final disposal of the case, and on his doing so, let the petitioner above named, be released on bail in the event of his arrest or surrender before the learned court below within a period of four weeks from today in connection with Saurbazar P.S. Case No.36 of 2014 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M.,Saharsa, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) AnilKrSinha/- U T