Gaya Prasad Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25872 of 2015 Arising Out of PS.Case No. -93 Year- 2014 Thana -AAYAR District- BHOJPUR ======================================================

1. Gaya Prasad Gupta @ Daya Prasad, Son of Shiv Narayan Sah, Resident of Village-Kesath, P.S. Nawanagar, District Buxar. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Prem Ranjan Kumar For the Opposite Party/s : Mr. Anil Kr. Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-07-2015 It has been submitted on behalf of the petitioner that he may be permitted to make necessary correction in the name of the petitioner in course of the day. Same is permitted. Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in a case instituted under Sections 408, 409, 420, 120(B)/34 of the Indian Penal Code.

The allegation against the petitioner is that he committed financial irregularity in installation of Solar lights to the tune of Rs.20,87774/- while he was Panchayat Secretary of East Ayar Panchayat.

It has been submitted on behalf of the petitioner that the petitioner has been made accused due to mistake of fact. Further it

Patna High Court Cr.Misc. No.25872 of 2015 (2) dt.16-07-2015 2/2 has been submitted that the petitioner is ready to deposit an amount of Rs.25,000/- in the court below, which shall be subject to final disposal of the case.

On behalf of the State, it has been submitted that the petitioner is named in the FIR.

Considering the aforesaid facts, the above named petitioner is directed to deposit an amount of Rs. 25,000/- in the court below, which shall be subject to final disposal of the case, and on doing so, in the event of his arrest or surrender in the court below within a period of four weeks, he shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Bhojpur at Arrah in connection with Ayar P.S.Case No. 93/2014, subject to the conditions as laid down u/s 438(2) Cr.P.C. (Sudhir Singh, J) singh/- U