Ashok Kumar Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22770 of 2019 Arising Out of PS. Case No.-681 Year-2018 Thana- MANER District- Patna ====================================================== Ashok Kumar Thakur, Son of Sri Hanuman Thakur, male, aged about 33 years, Resident of Mohulla-Bashisth Colony, P.S-Phulwarisharif, DistrictPatna (Bihar) ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Tejendra Sinha, Advocate.

For the Opposite Party:

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 10-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 409, 420/34 of the Indian Penal Code registered in connection with Maner P.S. Case No. 681 of 2018.

3. It is submitted that the petitioner has been falsely implicated and he had joined as Awas Sahayak at Maner Block on 05.07.2018 and out of 22 beneficiaries who had to be paid, 19 of them had already been paid and the petitioner was required to make payment of the remaining three beneficiaries. Such payment has been made pursuant to Three Man Committee on 13.08.2018 (Annexure-2). Payment has been made through bank account. The petitioner claims clean antecedents.

4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from

Patna High Court CR. MISC. No.22770 of 2019(2) dt.10-04-2019 2/2 the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Danapur, Patna in connection with Maner P.S. Case No. 681 of 2018, subject to the conditions as laid down under Section 438

(2) Cr.P.C., and also subject to the following further conditions - (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) That the petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

Ibrar//- (Vikash Jain, J) U T