Paras Kumar And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2965 of 2017 Arising Out of PS.Case No. -168 Year- 2016 Thana -PARIHAR District- SITAMARHI ======================================================

1. Paras Kumar, S/o Late Gonu Rai

2. Baidyanath Thakur, S/o Saryug Thakur, both are residents of VillageLaluari, P.S.- Parihar, District- Sitamarhi .... Petitioners

Versus

1. The State of Bihar

2. Md. Jahid, Son of Late Abdul Rashid Ansari, Branch Incharge, Central Co-operative Bank, Parihar, P.S.- Parihar, District- Sitamarhi, Permanent resident of Village- Rajopatti, P.S.+District- Sitamarhi .... Opposite Parties ====================================================== Appearance :

For the Petitioners : Mr. Prabhat Kumar, Adv. For the Opposite Parties : Mr. Rana Randhir Singh, APP 200 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 10-02-2017 Heard the learned counsel for the petitioners and the State.

This is a petition for grant of anticipatory bail for offence under Sections 409, 420 and 421/34 of the Indian Penal Code.

The petitioners are ready to refund Rs.5,94,854/- in six monthly installments.

Allegation is that the aforesaid amount was misappropriated as the petitioners did not purchase the paddy and withdrew the money from the Bank.

Considering the submission of the petitioners that the paddy was not purchased as there was bad crop in the said area and the money was withdrawn to pay to the farmers in advance. More over, the petitioners, above named, are ready to refund the aforesaid amount in six monthly installments, they, in the event of their arrest or surrender, within four weeks from the date of receipt of this order, be released on anticipatory bail on furnishing bail

Patna High Court Cr.Misc. No.2965 of 2017 (2) dt.10-02-2017 2/2 bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each in connection with Parihar P.S. Case No. 168 of 2016 to the satisfaction of the Chief Judicial Magistrate, Sitamarhi, or successor Court, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code. The first installment will be deposited at the time of furnishing of bail bonds and the remaining amount in five monthly installments, failing which the bail bonds shall be cancelled by the Court below itself.

(Birendra Kumar, J) SA/- U √ T √