Umesh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19745 of 2015 Arising Out of PS.Case No. -92 Year- 2013 Thana -SANDESH District- BHOJPUR ====================================================== Umesh Sah son of Late Sugriv Sah resident of Village Baraikpur, P.S. Baniapur, District Saran (Chapra).

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sada Nand Ray For the Opposite Party/s : Mr. B.Ram(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 16-06-2015 Heard both sides.

The petitioner seeks bail in a case under Section 409 and other Sections of the Indian Penal Code. The allegation against the petitioner is that the petitioner being the Panchayat Secretary illegally withdrew Rs. 6,13,640/-.

It is submitted that the petitioner did not withdraw a single farthing illegally. The money was withdrawn for purchase of Solar Lamps with the joint signature of Mukhiya, Sunita Kumari who has already been granted anticipatory bail vide order passed in Cr. Misc. No. 35975 of 2014. The petitioner is in jail since 04.03.2015.

Considering the facts that the money was

Patna High Court Cr.Misc. No.19745 of 2015 (2) dt.16-06-2015 2/2 withdrawn with the joint signature of the Panchayat Secretary and the Mukhiya for purchase of Solar Lamps and the Mukhiya has already been enlarged on anticipatory bail, the above named petitioner is directed to be enlarged 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 Chief Judicial Magistrate, Bhojpur at Ara in connection with Sandesh P.S. Case No. 92 of 2013.

(Prabhat Kumar Jha, J) S.Pandey/- U