Surendra Prasad @ Gopal Prasad v. The State Of Bihar

Patna High Court Cr.Misc. No.46547 of 2014 (4) dt.22-05-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46547 of 2014 Arising Out of PS.Case No. -353 Year- 2000 Thana -BEGUSARAI TOWN District- BEGUSARAI ========================================================= Surendra Prasad @ Gopal Prasad, son of Late Jaishankar Prasad, Chourasia, resident of village - Daudpur, P.S. - Shahpur, District - Patna. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Rajeev Kumar For the Opposite Party : Mr. Pushpa Sinha, A.P.P. ========================================================= CORAM: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH ORAL ORDER 4.

22-05-2015 The petitioner apprehends his arrest in relation to Begusarai Town P.S.Case No. 353 of 2000 registered under Sections 468, 420 of the Indian Penal Code.

Learned counsel for the petitioner submits that certain alleged wrong claims made in the year 2000 as stitching charges of police uniform. Now, the petitioner is being sought to be apprehended. He further submits that as per prosecution case itself, Fitwell Tailors existed in the year 1997, yet, someone in the police office showed work done by him. The Superintendent of Police, Begusarai, approves payment and sought sanction of D.I.G. The D.I.G. ordered for payment. At this stage, it came to light that Fitwell

Patna High Court Cr.Misc. No.46547 of 2014 (4) dt.22-05-2015 Tailors was not in existence. He submits that petitioner can not at all be made liable. It is for the police officials to justify how those bills were prepared, for what work done and how they were approved by them for payment.

Be that as it may, in the event of their arrest/surrender before the court below within four weeks, let the above named petitioner, namely, Surendra Prasad @ Gopal Prasad, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Begusarai, in connection with Begusarai P.S. Case No. 353/2000, subject to condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Navaniti Prasad Singh, J.) Rajeev/- U T