Umakant Lal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25337 of 2017 Arising Out of PS.Case No. -60 Year- 2016 Thana -GHOSI District- JEHANABAD ======================================================

1. Umakant Lal, son of Late Ram Yatan Lal, resident of Village- Chauhar, P.S.- Karpi, District- Arwal, at present working as Data Entry Operator, District Treasury Office, Jehanabad.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Kaushal Kishor For the Opposite Party/s : Mr. Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 07-07-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor representing the State of Bihar.

This application, for grant of anticipatory bail, arises out of Ghosi (Okari) Police Station Case No. 60 of 2016, disclosing offences under Sections 406/409/420/467/ 468/34 of the Indian Penal Code.

Learned Counsel for the petitioner has submitted that there is no material to suggest petitioner's role in misappropriation of the amount alleged. According to him, some of the persons, who are said to have withdrawn the amount fraudulently have been granted bail; whereas, petitioner's application has been rejected on the sole

Patna High Court Cr.Misc. No.25337 of 2017 (2) dt.07-07-2017 2/3 ground that petitioner has criminal history. He has submitted that this is an error on record in the order, dated 20.04.2017, passed by learned Sessions Judge, Jehanabad, while rejecting petitioner's application for grant of anticipatory bail. He has also submitted that the petitioner is simply Data Entry Operator in the District Treasury Office, Jehanabad and he has been involved with the allegation of conspiracy only.

My attention has been drawn to the First Information Reports in support of the submission made on behalf of the petitioner that the petitioners is not named in those cases and it has wrongly been mentioned by learned Sessions Judge, Jehanabad, that the petitioner has criminal history.

Considering the above submission, this application is allowed.

Let the petitioner, Umakant Lal, 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, Jehanabad, in connection with Ghosi (Okari) Police Station Case No. 60 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal

Patna High Court Cr.Misc. No.25337 of 2017 (2) dt.07-07-2017 3/3 Procedure.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √