Bhuvneshwar Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22118 of 2018 Arising Out of PS.Case No. -17 Year- 2014 Thana -AURAI District- MUZAFFARPUR ====================================================== Bhuvneshwar Thakur, son of Late Shital Thakur, resident of village-Jajuar, P.S.-Katra, District-Muzaffarpur and the then Panchayat Secretary (Retired).

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Chaudhary Prem Kumar Thakur, Advocate For the State : Mr. Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 26-04-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Aurai P.S. Case No.17 of 2014 registered under Sections 406, 409 and 420 read with 34 of the Indian Penal Code. It is submitted by the learned counsel for the petitioner that the instant first information report has been instituted on 10.02.2014 on the basis of written report filed by the Block Development Officer, Aurai for alleged misappropriation of rupees twenty four thousand fraudulently withdrawn in the name of Babita Devi in 2008-09. He submitted that at the relevant time the petitioner was posted in the said Block as Panchayat Secretary.

Patna High Court Cr.Misc. No.22118 of 2018 (2) dt.26-04-2018 2/2 He superannuated in 2010 and four years after his superannuation the case has been registered making vague allegation against him. He submitted that the petitioner had unblemished service career of over thirty years and on date he is aged about 68 years having no criminal antecedent and having got roots in the society, he is not likely to abscond or tamper with the evidence. Learned counsel for the State has opposed the prayer for grant of pre-arrest bail to the petitioner.

Considering the nature of allegation and the submissions made above, in the event of arrest or surrender in the court below within six weeks from today, the petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-XIII, Muzaffarpur in connection with Aurai P.S. Case No.17 of 2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J) Md.S./- U T