Shrawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42320 of 2016 =====================================

1. Shrawan Kumar, S/o Late Krishna Prasad Sinha, R/o Biran Bigaha, Gandhi Nagar, Gali No.3, Dehri-on-Sone, P.S.- Dehri, Distt.- Rohtas, presently the Ward Councilor, Ward No.28, Nagar Parishad Dehri, Distt.- Rohtas.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ===================================== Appearance :

For the Petitioner/s : Mr. Amar Prakash, Adv. For the Opposite Party/s : Mrs. Tapeshwar Sharma, APP ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 06-10-2016 Heard the parties.

This application, for grant of anticipatory bail, arises out of Dehri (Town) P.S. Case No. 471/2013, disclosing offences under Sections 467, 468, 471, 420, 409 and 120(B)/34 of the Indian Penal Code.

The petitioner, namely, Shrawan Kumar, is personally present in Court. He is alleged to have misappropriated a sum of Rs. 6,440/- which he had withdrawn for the purpose of making daily-wage payments to the labourers, who, in fact, did not exist.

Patna High Court Cr.Misc. No.42320 of 2016 (2) dt.06-10-2016 2/3 The petitioner, who is physically present in Court, has very fairly submitted that he will never do this in future and he will deposit the said amount of Rs. 6,440/- in the account of Nagar Parisad Dehri, Dalmianagar. He has also assured this Court that he will dissuade his colleague and others not to indulge in such activities. He has also undertaken that the moment he learnt about happening of such things, he shall immediately inform it to the police with evidence.

Considering the very fair stand taken by the petitioner himself, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, 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 learned SubDivisional Judicial Magistrate, Dehri, in connection with Dehri (Town) P.S. Case No. 471 of 2013, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two

Patna High Court Cr.Misc. No.42320 of 2016 (2) dt.06-10-2016 3/3 consecutive occasions, his bail bond shall be liable to be cancelled.

It is, however, recorded that no part of the undertaking given by the petitioner, which has been recorded in the present order, shall be treated to be confession of his offence.

(Chakradhari Sharan Singh, J) Praveen-II/-c U T