Dinesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44543 of 2016 Arising Out of PS.Case No. -12 Year- 2016 Thana -NIMACHANDPURA District- BEGUSARAI ====================================================== Dinesh Paswan, Son of Tanik Paswan .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Indu Kumari Sinha For the Opposite Party/s : Dr. Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 09-01-2017 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Sections 420, 406, 409/34 of the Indian Penal Code.

Petitioner was Headmaster at the relevant time and it is alleged that he along with Centre Superintendent and others defalcated near about rupees seven lacs of government money which had been credited in the account of concerned Centre. Submission on behalf of the petitioner is that petitioner was working as headmaster of concerned school and as a matter of fact, the Centre Superintendent and other higher officials pressurized the petitioner to put signature on blank cheques and thereafter petitioner signed the cheques. However,

Patna High Court Cr.Misc. No.44543 of 2016 (5) dt.09-01-2017 2/2 just after one month of signing of the cheques, petitioner gave written complaint to his higher officials on 06.06.2012. It is further submitted that Auditor General, Bihar and investigating officer also found the above stated fact true and that is the reason the investigating officer has mentioned in his investigation report that petitioner was compelled by his higher officials to put signature on blank cheques. However, petitioner is in jail custody for near about seven months and the investigation against him has already been completed.

Considering the period of detention of the petitioner in jail custody as well as facts and circumstances of the case, let the petitioner 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 Chief Judicial Magistrate, Begusarai in connection with Neemachandpura P.S. Case No. 12 of 2016. (Hemant Kumar Srivastava, J) SHAHZAD/- U T