Shivnarayan Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35037 of 2019 Arising Out of PS. Case No.-62 Year-2019 Thana- PHULWARIYA District- Gopalganj ====================================================== SHIVNARAYAN MANDAL Son of Raja Ram Mandal Resident of Village - Sarupai, P.O.- Jagdishpur, P.S.- Bijaipur, District- Gopalganj, At present, Working as Nazir, Circle Office - Fulwaria, P.S.- Fulwaria, District-Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Deepak Kumar Sinha For the Opposite Party/s :

Mr.Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-08-2019 This application, for grant of anticipatory bail, arises out of Fulwaria P.S. Case No. 62/2019, disclosing offences under Sections 467, 468, 420, 406 and 409 of the Indian Penal Code. Allegation against the petitioner, who is working as Nazir in the Block Office, Fulwaria is that he has not completed the cash book of Anchal Nazarat and due to which, there is no upto date position of amount of allotment and expenditure and as per annual return Rs. 4,12,695/- was not deposited in treasury for the financial years 2017-18 and 2018-19 and the total amount of Rs. Six Lakhs was neither deposited in treasury nor in the bank, which shows the embezzlement done by the petitioner.

Submission of learned counsel for the petitioner that entire allegation is false and concocted, which has been levelled without conducting the audit of the account and the petitioner has

Patna High Court CR. MISC. No.35037 of 2019(4) dt.23-08-2019 2/2 given an undertaking that after audit, whatever amount found due, he is ready to deposit the same.

Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, this application is disposed of with direction to the petitioner to surrender before the court below by 05.09.2019, on which, the court below shall release him on provisional bail till submission of charge-sheet, during which, period the petitioner will appear before the investigating officer as well as before authorities concerned and produce the papers showing him innocent with regard to submission of return for the financial years 2017-18 and 2018-19 and after verification of the same, if it is found that there is intentional and deliberate laches on the part of the petitioner, the provisional bail granted to the petitioner shall stand automatically cancelled and he will have to surrender in the court below for grant of regular bail. This application is, accordingly, disposed of. (Vinod Kumar Sinha, J) sunilkumar/- U T