Kishore Kumar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52685 of 2015 Arising Out of PS.Case No. -646 Year- 2014 Thana -FORBESGANJ District- ARRARIA ====================================================== Kishore Kumar Das son of late Krishna Mohan Das, resident of villageHundali, P.S. Pranpur, District-Katihar. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Mukesh Kumar Jha For the Opposite Party : Mr. Pranav Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-12-2015 Heard the counsel for the petitioner and counsel for the State.

The petitioner is apprehending his arrest in a case instituted under Sections 406, 409, 420 and 120B/34 of the Indian Penal Code.

As per prosecution case that under BRGF and 4th finance commission had allotted amount for purchasing of solar light and the then the petitioner, i.e., BDO and other co-accused jointly misappropriated the huge amount.

A supplementary affidavit has been filed on behalf of the petitioner, the same is kept on record. This is the second attempt made on behalf of the petitioner for grant of anticipatory bail. The earlier anticipatory bail of the petitioner was rejected vide Cr.Misc.No.23712 of 2015 on 21.09.2015 on merit. It has

Patna High Court Cr.Misc. No.52685 of 2015 (2) dt.02-12-2015 been submitted on behalf of the petitioner that the petitioner is not keeping well and further he is ready to deposit an amount of Rs.4,00000/- (four lacks) in the court below which shall be subject to the final disposal of the case. The said fact has been admitted in the paras-2 and 3 of the supplementary affidavit filed on behalf of the petitioner.

On behalf of the State, it has been submitted that the petitioner is named in the FIR and he has been involved in misappropriation of public money.

Considering the aforesaid facts and circumstances, it is directed that the petitioner shall deposit an amount of Rs.2,00000/- in the court below on the date of furnishing of the bail bond and the balance amount of the two lacks shall be deposited by the petitioner within a period of two months from the date of release and on doing so, let the above named petitioner be released on provisional bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction learned CJM, Araria in connection with Forbesganj P.S.Case No.646 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

The provisional bail granted to the petitioner shall be confirmed within a period of two months after the petitioner had

Patna High Court Cr.Misc. No.52685 of 2015 (2) dt.02-12-2015 deposited the remaining amount of Rs.2,00000/- (two lacks) in the court below.

(Sudhir Singh, J) B.Kr./- U T