Jagdish Pd. Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.646 of 2015 Arising Out of PS.Case No. -179 Year- 2006 Thana -KOTWALI District- MUNGER ====================================================== Jagdish Pd. Yadav .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajesh Kumar Sinha For the Opposite Party/s : Mr. Jitendra Kumar Singh 1 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 08-01-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Kotwali Police Station Case No. 179 of 2006 for the offences punishable under Section 419,420,409 of the Indian Penal Code. The accusation against this petitioner is that he being Panchayat Secretary deposited the government money in his account and later on, withdrew the said amount but submissions on behalf of the petitioner is that the amount in question was used for government work and when the petitioner came to know about the above stated irregularity, he immediately deposited the entire amount in the account of Gram Panchayat, Paria. Learned counsel drew my attention towards Annexure2 to this petition, which shows that in the year 2006-2007 some

Patna High Court Cr.Misc. No.646 of 2015 (2) dt.08-01-2015 2/2 amounts were deposited in account no. 4169 in the name of Gram Panchayat and admittedly, the present case was lodged on 12.05.2006 and much prior to institution of the present case he has already deposited Rs.29,848/- in the account of concerned Gram Panchayat and later on, he again deposited remaining amounts. Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of his arrest/surrender within four weeks from the date of receipt of this order to the court concerned, shall 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 Chief Judicial Magistrate, Munger in Kotwali Police Station Case No. 179 of 2006, subject to condition as laid down under Section 438(2) of the Cr.P.C.

Namita/- (Hemant Kumar Srivastava, J) U T