Kusum Lal Kamat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21054 of 2016 Arising Out of PS.Case No. -101 Year- 2015 Thana -KISHUNPUR District- SUPAUL ======================================================

1. Kusum Lal Kamat Son of late Sobhi Kamat Resident of Mohalla- Nirala Nagar, Ward no. 11, Purani durga Ashtan, Supaul, Police Station and District Supaul retired Clerk-cum-Nazir, Block Office Saraigarh, Bhaptiyahi.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arun For the Opposite Party/s : Mr. Ram Sumiran Rai(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 24-05-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Kishanpur P.S. Case No. 101 of 2015 registered under sections 409, 406, 120-B and 379 of the Indian Penal Code. It is submitted by the learned counsel for the petitioner that the instant case has been instituted with an allegation that the petitioner has not handed over Bank register and cash register of Saraigarh Block Office after ten years of retirement of the petitioner. He has submitted that on attaining the age of superannuation, the petitioner retired from service on 31.01.2005 whereas the present F.I.R. has been instituted by the

Patna High Court Cr.Misc. No.21054 of 2016 (2) dt.24-05-2016 Block Development Officer, on 19.06.2015. He has further submitted that the concerned registers were already handed over by the petitioner while he was in service and the petitioner was never ever proceeded against for any charge while in active service for 33 years.

Learned counsel for the State has opposed the application for grant of pre-arrest bail to the petitioner. Be that as it may, regard being had to the facts and circumstances of the case, in the event of arrest or surrender before the court below within six weeks from today, the petitioner named above is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Supaul in connection with Kishanpur P.S. case no. 101 of 2015 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure, 1973. (Ashwani Kumar Singh, J) Amin/- U