Dinesh Kumar Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30055 of 2016 Arising Out of PS.Case No. -232 Year- 2016 Thana -NAWADA District- NAWADA ====================================================== Dinesh Kumar Pandey, Son of Late Vidya Bhushan Pandey, Resident of village - Khirauna, P.S.- Rahui, District - Nalanda .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Thakur, Advocate Mr. Nilesh Kumar, Advocate For the Opposite Party/s : Mr. Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 30-08-2016 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner, being the Ex-District Welfare Officer, is apprehending his arrest in connection with Nawada Town P.S. Case No.232 of 2016 for allegedly having committed the offence under Sections 406, 409, 420, 120B, 467, 468 and 471 of the Indian Penal Code.

Learned counsel for the petitioner submits that certain cheques purported to have been issued by the petitioner were encashed after he had handed over the charge. The said cheques were identical in number and, therefore, it is alleged that the petitioner had issued the cheques even after he had handed over charge. It is alleged that such an act on the part

Patna High Court Cr.Misc. No.30055 of 2016 (3) dt.30-08-2016 2/3 of the petitioner led the State to substantial loss. Learned counsel for the petitioner further submits that now one of the cheques purported to have been issued has been taken back and the money encashed on account of such cheque has been returned to the State Bank of India for crediting into the account of the District Welfare Officer. So far as the petitioner is concerned, the petitioner has already been suspended and his headquarters have been fixed at Patna and there is no likelihood to abscond or tamper with any evidence. Furthermore, the petitioner is also facing departmental proceeding. The petitioner undertakes to co-operate in the said proceeding as well as any investigation which comes as a consequence of filing of the present F.I.R.

In view of the aforementioned facts and circumstances, the nature of allegations made and that the petitioner has no access to any further documents, with which he can tamper, 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/production of a copy of this order, be released on bail on furnishing bail bond of `10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial

Patna High Court Cr.Misc. No.30055 of 2016 (3) dt.30-08-2016 3/3 Magistrate, Nawada, in connection with Nawada Town P.S. Case No.232 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. It is, however, made clear that the petitioner shall make himself available at all point of times for investigation as well as after submission of the chargesheet. It is also made clear that one of the bailors shall be his own blood relatives, namely, father, mother, wife or son.

(Anjana Mishra, J) PNM U T