Jhakasu Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14744 of 2018 Arising Out of PS.Case No. -266 Year- 2017 Thana -JHAJHA District- JAMUI ======================================================

1. Jhakasu Manjhi S/o Late Bhaiya Ram Manjhi @ Late Bhaiya Lal Manjhi, R/o Village- Abadalpur, P.O.- Itwa (Dharhara)., P.S.- Dharhara, DistrictMunger. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar @ S.K., Adv For the Opposite Party/s : Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 26-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 409,420/120(B) of the Indian Penal Code.

The petitioner was Panchayat Secretary at the relevant time and allegation is of defalcation of public money as referred in the FIR.

Submission is that two other co-accused named in the FIR have already been allowed anticipatory bail by the learned Sessions Judge, Jamui for the reason that they had already deposited the alleged defalcated amount. Contention is that the petitioner has in fact disbursed the amount and every record is with the petitioner. Petitioner is

Patna High Court Cr.Misc. No.14744 of 2018 (3) dt.26-04-2018 in custody since 14.09.2017.

Considering the aforesaid facts, let the petitioner, above named, be released on provisional bail for three months only on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Jhajha Police Station Case No.266 of 2017. In the aforesaid period, the petitioner shall submit a detailed report to the informant regarding distribution of the social security pension amount to different beneficiaries and after examination of the paper, the informant shall grant appropriate certificate. If the petitioner would fail to comply within the aforesaid period, he would be taken into custody by the learned court below and further the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. This application stands disposed of.

(Birendra Kumar, J) Nitesh/- U T