Ajit Kumar @ Ajit Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22324 of 2019 Arising Out of PS. Case No.-718 Year-2018 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== 1.

Ajit Kumar @ Ajit Kumar Jha, Son of Arun Kumar Jha, Resident of VillageDhurlakh, P.S.- Muffasil, and District- Samastipur. 2.

Arun Kumar Jha, Son of Kalikant Jha, Resident of Village- Dhurlakh, P.S.- Muffasil, and District- Samastipur.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dipak Kumar, Advocate For the Opposite Party/s :

Mr.Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-05-2019 This is an application for grant of anticipatory bail in connection with Samastipur Muffasil P.S. Case No.718 of 2018 disclosing offences under Sections 406, 409 and 420 of the Indian Penal Code.

Allegation against the petitioners who happens to be the Chairman and Manager of the Ghurlakh PACS that they were not handing over the charge to the present Administrator as the Dhurlakh PACS has been superseded by the District Cooperative Officer and they have defalcated the amount. Submission of the learned counsel for the petitioners is that they are still ready to handover the charge, but the Administrator knowingly and willfully did not take charge from the petitioners. Further submission is that they have falsely been

Patna High Court CR. MISC. No.22324 of 2019(4) dt.13-05-2019 2/2 implicated in this case.

Heard learned A.P.P. also.

Having heard both sides, in view of the facts and circumstances, as stated above, let the petitioners, above named, surrender before the court below by 30.05.2019, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount to the satisfaction of learned Additional Chief Judicial Magistrate-V, Samastipur, in connection with Samastipur Muffasil P.S. Case No.718 of 2018 subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure. This is further subject to the condition that they will appear before the District Cooperative Officer and hand over the charge of the PACS to him or to any other officer deputed by him.

It is also made clear that after investigation, if any, case of the defalcation is found against the petitioners, the prosecution is at liberty to move for cancellation of the bail bonds of the petitioners.

(Vinod Kumar Sinha, J) sunil/- U T