Patna High CourtCR. MISC./52162/2016bail granted

Surendra Kumar Sah @ Surendra Sah v. The State Of Bihar

2017-02-17Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52162 of 2016 Arising Out of PS.Case No. -221 Year- 2016 Thana -BRAHMPUR District- BUXAR ======================================================

1. Surendra Kumar Sah @ Surendra Sah, Son of Late Yadunath Sah, resident of Village Chandrapura, Police Station Brahmpur, DistrictBuxar, Ex-Mukhiya Gram Panchayat Raj Mahuwar .... Petitioner

Versus

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

For the Petitioner : Mr. Anil Kumar Roy, Adv. For the Opposite Party : Mrs. Sucheta Yadav, APP 140 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 17-02-2017 Heard the learned counsel for the petitioner and the State.

This is a petition for grant of anticipatory bail for offences under Sections 406, 409 and 420 of the Indian Penal Code.

On the complaint of private person that the petitioner while working as Mukhiya defalcated public money meant for diesel subsidy. After preliminary enquiry the Block Development Officer, Brahmpur, Buxar, has filed first information report against the petitioner.

Submission of the petitioner is that the case diary would reveal that no beneficiary has supported the allegation nor any document has been examined by the authorities to substantiate that there is defalcation. More over, the belated case has been lodged at the instance of the named persons.

Considering the aforesaid fact, the petitioner, above named, in the event of his arrest or surrender, within four weeks from the date of receipt of this order, be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand)

Patna High Court Cr.Misc. No.52162 of 2016 (3) dt.17-02-2017 2/2 with two sureties of the like amount each in connection with Brahmpur P.S. Case No. 221 of 2016 to the satisfaction of the Chief Judicial Magistrate, Buxar, or successor Court, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code.

(Birendra Kumar, J) SA/- U √ T √