Basant Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35770 of 2014 Arising Out of PS.Case No. -48 Year- 2013 Thana -HARLAKHI District- MADHUBANI ====================================================== Basant Kumar Jha, S/o Late Dayanand Jha, Resident of village- Rahika, P.S.- Rahika, District- Madhubani .... .... Petitioner

Versus

The State of Bihar .... ....

Opposite Party ====================================================== Appearance :

For the Petitioner : M/s Yogesh Chandra Verma, Sr. Advocate & Kripa Nand Jha, Advocate For the State : None ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 11-02-2015 I have heard learned counsel for the petitioner. None appears on behalf of the State.

The petitioner, who is Panchayat Sewak of Nahrania Panchayat, apprehends his arrest in connection with Harlakhi P.S. Case No. 48 of 2013 registered for offences punishable under Sections 406, 409, 420, 467, 468, 471/34 of the Indian Penal Code.

As per the allegation the petitioner along with the Mukhia of Nahrania Panchayat has shown forged payment in favour of a dead person in Scheme No. 07/2010-11 of Rs. 18875/- , in Scheme No. 9/2010-11 of Rs. 1875/-, and in Scheme No. 10/2010-11 Rs. 19375/-.

Learned counsel for the petitioner submits that the work was taken by the tractor of the concerned dead person not

Patna High Court Cr.Misc. No.35770 of 2014 (2) dt.11-02-2015 2/2 by the dead person and payment has been made to his son. Since the allegation is that the petitioner and the Mukhia has defalcated Rs. 40,125/-. However, learned counsel for the petitioner undertakes that he is ready to deposit the half of the amount, i.e., Rs. 20,063/- in the court below. Having regard to the facts and circumstances of the case, let the petitioner, namely Basant Kumar Jha, be released on bail in the event of arrest/surrender before the court below within a period of six weeks from today in Harlakhi P.S. Case No. 48 of 2013, on furnishing bail bond of Rs.

10,000( Ten Thousand Rupees) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Madhubani subject to the conditions as laid down under sub-section(2) of Section 438 of the Code of Criminal Procedure with a further condition that the petitioner would be required to deposit the half of the alleged amount which comes to the tune of Rs. 20,063/- before the court below as per his undertaking and such deposit would be subject to the final result of the case concerned and without prejudice to the case of the petitioner.

(Dr. Ravi Ranjan, J) Spd/- U T