Satya Narayan Ram v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15799 of 2018 Arising Out of PS.Case No. -414 Year- 2017 Thana -MOTIHARI TOWN DistrictEAST CHAMPARAN (MOTIHARI) ===================================== Satya Narayan Ram, Son of Late Kishun Ram, Resident of Village Ward No.03, Teliya Patti, Motihari Town, Police Station- Motihari Town, District- East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Executive Officer, Nagar Parishad, Motihari, DistrictEast Champaran. .... .... Opposite Party/s ===================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar No.-7, Adv. For the State : Mrs. Dr. Indiwar Kumari, APP For the O.P. No. 2 : Mr. Raghwanand, Adv. ===================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 05-04-2018 Heard the learned counsels for the petitioner, Nagar Parishad and the State.

The petitioner seeks bail in anticipation of his arrest in connection with Motihari Town P.S. Case No. 414 of 2017, dated 12.06,2017, instituted for the offences punishable under Sections 409 and 34 of the Indian Penal Code (in short the I.P.C.).

The petitioner had worked for some period

Patna High Court Cr.Misc. No.15799 of 2018 (2) dt.05-04-2018 2/2 beyond date of his superannuation as a driver with the Nagar Parishad, Motihari, East Champaran. Later, he was asked to refund the money which he had obtained by way of salary for having worked beyond the period of tenure of his service. On his failure to return the aforesaid money, the present case has been lodged.

Mr. Sanjay Kumar, learned Advocate for the petitioner submits that assuming every allegation in the First Information Report to be correct, it would only incur a civil liability on the petitioner to return the money. No offence under Section 409 of the I.P.C. or for that matter any one of the sections of the I.P.C., can at all be said to be made out. Considering the aforesaid facts and the nature of accusation, let the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Motihari Town P.S. Case No. 414 of 2017.

(Ashutosh Kumar, J) Praveen-II/- U T