Vishundeo Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31006 of 2020 Arising Out of PS. Case No.-560 Year-2014 Thana- LAKHISARAI District- Lakhisarai ====================================================== VISHUNDEO PRASAD Son of Late Bihaspat Mahto Present resident of Village- Kosut, P.S.- Deep Nagar, District- Nalanda (Biharsharif). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Tej Narayan Singh For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-01-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

The petitioner is apprehending his arrest in a case registered under Sections 409 and 420 of the Indian Penal Code.

The prosecution case, in short, is the accused persons misappropriated the government fund meant for construction of boundary wall of graveyard.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. Due to miscalculation of accounts, the petitioner has been made accused due to mistake of fact. Rs. 1,67,000/-

Patna High Court CR. MISC. No.31006 of 2020(2) dt.28-01-2021 2/2 has already been deducted from the salary of the petitioner. It is further submitted that the petitioner is ready to deposit a sum of Rs. 20,000/- (twenty thousand) in the court below which shall be subject to the final disposal of the case. On behalf of the State, it is submitted that the petitioner is named in the F.I.R./complaint case. Considering the aforesaid facts and circumstances, on deposit of a sum of Rs. 20,000/- (twenty thousand) in the Court below which shall be subject to final disposal of the cas e , let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai in connection with Lakhisarai (Kawaiya) P.S. Case No. 560/2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T