Uma Kant Prasad @ Umakant Prasad Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.52745 of 2017 Arising Out of PS.Case No. -154 Year- 2017 Thana -CHOUTARWA DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Uma Kant Prasad @ Umakant Prasad Yadav Son of Late Sakal Prasad, R/o Village- Dumari, P.S.- Majhauliya, District- West Champarn. Presently posted as panchayat Secretary Block Bagaha-1, District- West Champaran.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjay Kumar No.-7, Advocate For the Opposite Party/s : Md. Ansarul Haque, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 09-11-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 420/120B/167/34 of the Indian Penal Code.
According to F.I.R., the Committee headed by some other person prepared a list of beneficiaries of flood relief. Subsequently, it was found that three persons of the same family were listed therein as separate beneficiaries though the benefit was to be given to the family.
Submission of the learned counsel for the petitioner is that soon after detection of clerical mistake the same
Patna High Court Cr.Misc. No.52745 of 2017 (2) dt.09-11-2017 P2/ was rectified and no loss to public money was there as nothing was paid to anyone. Moreover, for the purpose of the aforesaid act a Committee was headed by some other person. Considering the aforesaid fact, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Court-below where the case is pending in connection with Chautarwa Police Station Case No. 154 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.
(Birendra Kumar, J) Mkr./- U T