Jamadar Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.73740 of 2018 Arising Out of PS. Case No.-34 Year-2017 Thana- ISUAPUR District- Saran ====================================================== Jamadar Prasad S/o late Gopal Pandit R/o Village- Khabsa, P.S. Baniapur, District- Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gajendra Kumar Singh For the Opposite Party/s :

Mr. Sri Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 18-12-2018 Heard learned counsel for the parties.

Petitioner is apprehending his arrest in connection with Isuapur PS Case No. 34/2017 for the alleged offence under Sections 420, 467, 468, 471, 120(B)/34 of the Indian Penal Code.

Learned counsel representing the petitioner submits that at the relevant time the petitioner was working as Deputy Post Master in Sadhwara Sub Post Office. During the aforesaid period, some amount of Monthly Income Scheme opened by the informant and his wife were defalcated by Ganesh Prasad Ram, Sub Post Master of Sadhwara Sub Post Office who was made co-accused in the case. He further submits that in the departmental enquiry nothing was found against the petitioner and no charge was framed against him.

Patna High Court Cr.Misc. No.73740 of 2018(2) dt.18-12-2018 2/2 Considering that the petitioner has no criminal antecedent and as per the statement in paragraph -7 of the application that in the departmental enquiry nothing was found against him, this application is allowed.

Accordingly, in the event of arrest or surrender before the concerned court below within a period of one month from today, the petitioner above named is directed to 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 the Sub Divisional Judicial Magistrate, Saran at Chapra in connection with Ishuapur PS Case No. 34/2017 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and also on the condition that one of the bailors should be an employee of the Post Office. (Anil Kumar Upadhyay, J) mrl./- U T