Patna High CourtCR. MISC./57426/2015bail granted

Alok Kumar Singh v. The State Of Bihar

2016-01-14Justice Smt. Nilu Agrawal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57426 of 2015 Arising Out of PS.Case No. -220 Year- 2014 Thana -PAHARPUR DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Alok Kumar Singh son of Late Laxman Singh, Resident of Village- Man Karariya, Police Station- Paharpur District- East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar No.-7 For the Opposite Party/s : Mr. S. Eheteshmuddin (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 14-01-2016 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Paharpur P.S. Case No. 220 of 2014 registered for offences punishable under Sections 409/34 of the Indian Penal Code. The prosecution case is that the petition being Up-sarpanch at the relevant time and the accusation is that he along with the Sarpach has drawn Rs. 35000/- but did not make payment to Shri Dipendra Kumar (Nayay Mitra). On such allegations of the said Dipendra Kumar the Block Development Officer, Paharpur, East Champaran lodged the F.I.R. against the petitioner and one other alleging the petitioner along with Sarpach defalcated Rs. 35, 000/-. It has been submitted by the counsel for the petitioner that

Patna High Court Cr.Misc. No.57426 of 2015 (2) dt.14-01-2016 P2/2 the co-accused Sarpanch Ur Pramila Devi had moved this Court for grant of anticipatory bail in Cr. Misc. No. 3978 of 2015 and the privilege of anticipatory bail was granted by order dated 25.06.2015 on the condition that she must deposit Rs. 35, 000/- before the concerned Court within a month of her release. It has been submitted by counsel for the petitioner that the said amount of Rs. 35, 000/- has already been deposited by the Sarpanch Ur Pramila Devi in the Treasury by Challan No. 221 on 30.07.2015 which is Annexure-2 of this petition. It has been submitted by the counsel for the petitioner that he has no criminal history.

Be that as it may, let the petitioner Alok Kumar Singh in the event of his arrest / surrender within a period of eight weeks from today before the Court below be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Paharpur P.S. Case No. 220 of 2014 subject to the conditions as laid down under Section 438(2) of the Cr. P.C.