Hari Prasad Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35328 of 2019 Arising Out of PS. Case No.-35 Year-2019 Thana- ISHAKCHAK District- Bhagalpur ====================================================== HARI PRASAD MANDAL Son of Late Nand Kishore Mandal Resident of village- Madhuban, P.O.- Khesar, P.S.- Phulli Dumar, Distt- Banka, Presently residing at Anand Bag Colony, Bhikhanpur, Bhagalpur, P.S.- Ishakchak, DisttBhagalpur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Anand Mohan Prasad Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-08-2019 Heard learned counsel for the parties.

Petitioner is apprehending his arrest in connection with Ishakchak P.S.Case No.35 of 2019 (G.R.No.730 of 2019) , registered for offences punishable under Sections 188, 408 and 409 of the Indian Penal Code.

Prosecution case as per the FIR is that the petitioner, who acts as Halka Karamchari at Jagdishpur, was not handing over the register and the documents to his successor and on that information he was noticed to hand over the same but he has not handed over the same as such there was direction to lodge a case against him. It further appears that thereafter the petitioner has deposited the same register but he has not handed over all the documents.

Submission of the learned counsel for the petitioner is that out of three documents about which it is alleged that he

Patna High Court CR. MISC. No.35328 of 2019(3) dt.17-08-2019 2/2 has not handed over as he was not handed over the charge of two documents and the third document is concerned, the same has been lost during the data entry of the record and for which he has already informed to the authority concerned about the recreation of the same on the basis of correction slip but no order has been passed on that.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the learned court below, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Bhagalpur in connection with Ishakchak P.S.Case No.35 of 2019, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

With the above direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T