Ashok Kumar @ Mukhiya Ashok Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24569 of 2019 Arising Out of PS. Case No.-412 Year-2018 Thana- RAHUI District- Nalanda ====================================================== ASHOK KUMAR @ MUKHIYA ASHOK KUMAR, Male, aged about 50 years, S/o Late Mathura Prasad R/o Village- Uttarnawan, P.S.- Rahui, District- Nalanda ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rabindra Prasad Singh For the Opposite Party/s :
Mr.Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 16-04-2019 Heard both sides.
The petitioner apprehends his arrest in Rahui P.S. Case No.412 of 2018 registered under Sections 353, 385, 409 and 511 of the Indian Penal Code.
The case is lodged against the petitioner on the allegation that the petitioner was constructing drainage in which old bricks were used.
The learned counsel for the petitioner submits that the petitioner is not the executant of any scheme nor any money was entrusted to the petitioner for construction of any drainage. The informant lodged the case on mere presumption that some defalcation might have been committed.
Taking into consideration the facts aforesaid and
Patna High Court CR. MISC. No.24569 of 2019(2) dt.16-04-2019 2/2 nature of allegation made against the petitioner, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Rahui P.S. Case No.412 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J) Saurabh/- U T