Bimal Kishore Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.26826 of 2015 Arising Out of PS.Case No. -78 Year- 2012 Thana -KURSAKANTA District- ARRARIA ======================================================
1. Bimal Kishore Singh, son of Vidya Nath Prasad Singh, Resident of Village- Mahuwa, P.S. and District- Madhepura. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bijendra Kumar Singh For the Opposite Party/s : Mr. M.Haque (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-09-2015 Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in a case instituted under Sections 467, 468, 471, 420 and 120(B) of the Indian Penal Code.
The allegation against the petitioner is that he being ex-Jansevak received an amount of Rs. 4,35,080/- under the scheme of Education Extension Scheme from the Block Treasury, out of which the petitioner had deposited the Abhisrav for Rs. 28,611/- and Rs. 1,02,200/- and remaining Rs. 3,04,269/- is still due with the petitioner. It has been further alleged that the petitioner defalcated the above said mentioned amount. The another set of allegation against the petitioner is that in spite of order passed by this Court in CWJC No. 7681/08, he did not deposit the papers of Panchayat Teachers Selection conducted in the year 2006 for the Gram Panchayat Raj Dumaria Block Kursakanta, Araria.
It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. The petitioner
Patna High Court Cr.Misc. No.26826 of 2015 (3) dt.24-09-2015 2/2 has been made accused in the present case due to mistake of fact. The entire account has also been submitted by the petitioner and the petitioner has handed over the charge also. It is also submitted that the petitioner is ready to deposit an amount of Rs. 25,000/- in the court below, which shall be subject to final disposal of the case.
On behalf of the State, it has been submitted that the petitioner is named in the FIR.
Considering the aforesaid facts, the petitioner is directed to deposit an amount of Rs. 25,000/- in the court below, which shall be subject to final disposal of the case. Let the above named petitioner, in the event of his arrest or surrender in the court below within a period of four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri A.B.D. Dubey, learned J.M., 1st Class, Araria in connection with Kursakanta P.S.Case No. 78 of 2012, subject to the conditions as laid down u/s 438(2) Cr.P.C. (Sudhir Singh, J) singh/- U T