Patna High CourtCR. MISC./54426/2016allowed

Prabhuji Yadav v. The State Of Bihar

2017-07-18Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.54426 of 2016 (11) dt.18-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54426 of 2016 Arising Out of PS.Case No. -448 Year- 2016 Thana -CHAPRA TOWN District- SARAN ====================================================== Prabhuji Yadav S/o late Ram Sakal Ray R/o Village- Balua Musheypur, PSAwtar Nagar, District- Saran at Chapra. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amit Narayan, Adv. : Mr. Jeetendra Narayan, Adv.

For the Opposite Party/s : Mr. Sri Parmeshwar Mehta, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 18-07-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Saran at Chapra Town Police Station Case No. 448 of 2016, disclosing offences under Sections 420, 468, 469, 471, 409 and 120(B) of the Indian Penal Code and Section 138 of N.I. Act.

Learned counsel for the petitioner has submitted that there is general and omnibus allegation against this petitioner and no specific overt act is attributed to him. In fact, the petitioner has been made accused in this case on disclosure of co-accused Devesh Rai and Sanjay Kumar, who are said to be Head Clerk and Assistants of the College. The petitioner being

Patna High Court Cr.Misc. No.54426 of 2016 (11) dt.18-07-2017 the retired employee has no concern with the alleged misappropriation of fund. There is no cogent material against the petitioner available on record. Hence, the petitioner deserves the privilege of anticipatory bail.

Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra, in connection with Saran at Chapra Town Police Station Case No. 448 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T