Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44147 of 2017 Arising Out of PS.Case No. -255 Year- 2017 Thana -ALOULI District- KHAGARIA ====================================================== Chandan Kumar, son of Late Ramdeo Yadav resident of village - Santosh, P.O. - Chatar, P.S. - Alauli, District Khagaria. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Mukesh Kumar, Advocate Mr. Ram Nibash Prasad, Advocate Mr. Shambhu Sharan Kumar, Advocate For the Opposite Party : Mr. Sri Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 20-09-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner apprehends his arrest in connection with Alauli P.S. Case No. 255 of 2017, registered for the offences punishable under Sections 406/420 of the Indian Penal Code. Allegedly, the petitioner did not deposit the amount of Rs. 24,26,490/- the value of CMR till 31.07.2017 and the petitioner being Chairman of Bandh Chatar PACS has misappropriated the said amount.

Submission is of false implication and that F.I.R. has been lodged on 04.08.2017 and prior to lodging the F.I.R. the petitioner has already deposited the amount of Rs. 24,26,490/-

Patna High Court Cr.Misc. No.44147 of 2017 (2) dt.20-09-2017 2/2 vide receipt No. 196 Rs. 15 lacs, Receipt No. 198 Rs. 6,74,500/- and Receipt No. 199 Rs. 2,51,990/- on 02.08.2017 itself in the Bandh Chatar PACS, Special C.C. paddy account No. 00215003000028 and the certificate has already been issued by Branch Manager, Khagaria District Central Co-operative Bank Ltd. Alauli, Khagaria, on 02.08.2017, vide Annexure 2 and 3 series, and, as such, the petitioner deserves sympathetic consideration.

The learned A.P.P. fairly submits that the petitioner has already deposited the said amount.

In the facts and circumstances as stated above, the petitioner in the event of his arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall 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 Chief Judicial Magistrate, Khagaria, in connection with Alauli P.S. Case No. 255 of 2017, subject to the conditions as laid down in section 438(2) of the Cr.P.C. (Jitendra Mohan Sharma, J.) Rajiv/- U T