Mahanand Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.41973 of 2014 Arising Out of PS.Case No. -112 Year- 2014 Thana -ALAMNAGAR District- MADHEPURA ====================================================== Dharmendra Kumar Mandal @ Dharmendra Mandal, S/o Anil Mandal, Resident of Village- Alamnagar, P.S.- Alamnagar, District- Mahdepura. .... .... Petitioner.
Versus
The State of Bihar .... .... Opposite Party.
====================================================== with Criminal Miscellaneous No.46382 of 2014 Arising Out of PS.Case No. -112 Year- 2014 Thana -ALAMNAGAR District- MADHEPURA ====================================================== Mahanand Yadav, Panchayat Sachiv, Gram Panchayat, Alam Nagar, Uttary son of Late Sital Yadav, resident of village- Karauti, P.S.- Udakishunganj, District- Madhepura.
.... .... Petitioner.
Versus
The State of Bihar .... .... Opposite Party.
====================================================== Appearance :
(In Cr.Misc. No.41973 of 2014):
For the Petitioner : Mr. Anant Kumar-1, Advodate. For the State : Mrs. Renuka Ratnakar, APP. (In Cr.Misc. No.46382 of 2014):
For the Petitioner : Mr. Anant Kumar-1, Advocate. For the State : Mrs. Renuka Ratnakar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER -------------- 16-04-2015 Let the supplementary filed on behalf of the petitioner in Criminal Misc. No.46382 of 2014, namely, Mahanand Yadav, be kept on record.
The petitioner of both the applications apprehends their
Patna High Court Cr.Misc. No.41973 of 2014 (2) dt.16-04-2015 2/3 arrest in connection with Alamnagar P.S. Case No.112 of 2014/G.R. Case No.1691 of 2014 registered under Section 409 of the Indian Penal Code. As such, both the applications have been heard together and are being disposed of by this common order. Learned counsel appearing on behalf of the petitioners submits that it would appear from the F.I.R. itself that regarding the theft of Government money which was kept in the bag of the petitioner, Mahanand Yadav, Panchayat Secretary, Alamganj P.S. Case No.80 of 2014 under Section 379 of the Indian Penal Code was instituted and the said case on investigation was found false and, thereafter, the present case is lodged against the petitioners for defalcation of the Government money.
It is further submitted that, later on, in the light of the direction of the District Magistrate, Madhepura, the petitioner, Mahanand Yadav, deposited Rs.7,00,000/ with interest amounting to Rs.59836/-, in the Nazarat, which would appear from Annexures-'2' and '3' to the supplementary affidavit filed on behalf of the petitioner in Criminal Misc. No.46382 of 2014, namely, Mahanand Yadav. Having considered the facts and the circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender by them within four weeks, be enlarged on bail on their furnishing bail bond of Rs.
Patna High Court Cr.Misc. No.41973 of 2014 (2) dt.16-04-2015 3/3 Thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Madhepura, in connection with Alamnagar P.S. Case No.112 of 2014/G.R. Case No.1691 of 2014, subject to the conditions laid down under Section 438(2) Cr.P.C.
(Rajendra Kumar Mishra, J) P.S./- U T