Patna High CourtCR. MISC./80115/2018disposal with observation

Krishnadeo Singh v. The State Of Bihar

2019-01-31Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.80115 of 2018 Arising Out of PS. Case No.-68 Year-2018 Thana- VALMIKINAGAR District- West Champaran ====================================================== Krishnadeo Singh Son of Late Ram Prakash Singh District - Samastipur, at present resident of Nand Bihar Colony, Data Baba Mazar Lane, Mithanpura, P.O.- Ramna, District -Muzaffarpur 842002 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Tuhin Shankar, Advocate For the Opposite Party/s :

Mr. Parmeshwar Mehta, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 31-01-2019 Heard the parties.

The petitioner seeks anticipatory bail in connection with Balmiki Naagar P.S.Case No. 68 of 2018, registered for offences punishable under Sections 409 and 420/34 of the Indian Penal Code.

Allegation against the petitioner as per the F.I.R. is that without any approval, the petitioner and others have paid the amount of Rs. 38,63,917.40 and 7, 41, 80, 640.36 paise and thus misappropriated the above amount.

Submission of the learned counsel for the petitioner is that the allegation of misappropriation against the petitioner is false and entire amount has been paid in pursuant to the

Patna High Court Cr.Misc. No.80115 of 2018(3) dt.31-01-2019 2/2 directions issued and approved by the higher authorities and petitioner is not responsible for the said misappropriation and the petitioner has no criminal antecedent.

Learned A.P.P. opposes the prayer for bail.

Having heard both sides and in view of the facts and circumstances, this application is disposed of with a direction to the petitioner that if the petitioner surrenders before the court below within a period of four weeks from the date of receipt of order and on surrender, he will be released on provisional bail till submission of charge sheet on condition that he will co-operate in investigation of the case and produce all necessary document to the Investigating Officer, had even after that if charge sheet has been submitted against the petitioner, he shall surrender and made prayer for regular bail which will consider on the basis of materials available on the record at that time.

sudha/- (Vinod Kumar Sinha, J) U T