Pramod Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49215 of 2021 Arising Out of PS. Case No.-121 Year-2021 Thana- PALASI District- Araria ====================================================== PRAMOD KUMAR MANDAL Son of Shri Bidyanand Mandal Resident of Village- Kodhauli, P.S.- Palasi, District- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Sharma For the Opposite Party/s :

Mr.Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 10-05-2022 Learned counsel for the petitioner is permitted to remove defect(s), as pointed out by the office, if any, within a period of four weeks from today.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with Palasi P.S. Case No. 121 of 2021 registered for the offences punishable under Sections 409/406/420/34 of the Indian Penal Code.

The original supplementary affidavit filed by the petitioner is taken on record.

From perusal of the aforesaid supplementary affidavit, it appears that it was the supplier who has defalcated the amount and not the petitioner and the aforementioned Complaint Case No. 791-C of 2022 has been filed by the petitioner against the supplier Md. Zahid.

Patna High Court CR. MISC. No.49215 of 2021(3) dt.10-05-2022 2/2 Considering the facts and circumstances of the case, the present anticipatory bail application is allowed. Accordingly, let the petitioner above named be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria, in connection with Palasi P.S. Case No. 121 of 2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

Learned counsel for the petitioner submits that he may be permitted to file an application under Section 156(3) of the Cr. P.C. in the Compliant Case No. 791-C of 2022 so that the police can properly investigate the matter.

If and when the petitioner files an application in the Court of Chief Judicial Magistrate, Araria in Complaint Case No. 791C of 2022, the application shall be decided by the Chief Judicial Magistrate, Araria on the same day without unnecessary delay so that the accused of defalcating government money is apprehended.

(Sandeep Kumar, J) Saif/- U T