Bibhishan Gahlot And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.30770 of 2015 Arising Out of PS.Case No. -89 Year- 2011 Thana -RAFIGANJ District- AURANGABAD ======================================================
1. Bibhishan Gahlot S/o Late Judagir Gahlot resident of village - Ajho, P.S. Pauthu, District - Aurangabad
2. Indu Kumari W/o Arjun Singh resident of village - Bigha, P.S. Pauthu, District - Aurangabad .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rakesh Singh For the Opposite Party/s : Mr. R.P.S.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 07-10-2015 Heard both sides.
The petitioners apprehend their arrest in Rafiganj P.S. Case No. 89/2011, registered for the offences punishable under Section 409 and other sections of the Indian Penal Code. Both the petitioners are alleged to have taken advance of Rs. 45,000/- and Rs. 40,000/- respectively, but they did not submit the D.C. bill showing expenditure on construction of building for which they had taken advance.
It is submitted that the petitioners have already filed the certificates showing expenditures.
From perusal of annexure 3, it would appear that Bibhishan Gahlot showed the expenditure of Rs. 45,000/- and
Patna High Court Cr.Misc. No.30770 of 2015 (3) dt.07-10-2015 2/2 petitioner no. 2 filed the DC bill annexing in the supplementary affidavit showing the expenditure of Rs. 30,000/- for purchase of cement and other articles.
Considering the facts that the petitioners have already submitted the final bill for the advance taken by them, the petitioners, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Aurangabad in connection with Rafiganj P.S. Case No. 89/2011, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Prabhat Kumar Jha, J.) Vinita/- U T