Anand Bihari Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26462 of 2016 Arising Out of PS.Case No. -107 Year- 2011 Thana -DURAULI District- SIWAN ====================================================== Anand Bihari Sahni Son of Late Ramdhari Sahni, Resident of Village - Sarana, P.S. - Darauli, District - Siwan.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raghav Prasad, Advocate. For the Opposite Party/s : Mr. Sri Bisheshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-08-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 5.4.2016 in connection with Darauli P.S. Case No. 107 of 2011 registered for offences under Sections 419,420 and 409/34 of the Indian Penal Code.

The prosecution story, in brief, is that the petitioner along with other co-accused persons committed embezzlement of government amount of Rs. 1,76,500/-.

It is submitted on behalf of learned counsel for the petitioner that the petitioner is in custody since 5.4.2016. There is no allegation of tempering of the witnesses alleged against the petitioner. The withdrawal is said to have not been made during the tenure of the petitioner. It is further submitted that the

Patna High Court Cr.Misc. No.26462 of 2016 (3) dt.26-08-2016 2/2 petitioner is ready to deposit an amount of Rs. 40,000/- 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 F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner shall deposit an amount of Rs. 40,000/- within a period of two months in equal installments. Let the petitioner above named, be released on provisional bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Siwan, in connection with Darauli P.S. Case No. 107 of 2011.

If the aforesaid amount is deposited by the petitioner within the stipulated period as indicated above, the provisional bail granted to him shall be confirmed by the court below itself. (Sudhir Singh, J) Prakash/- U T