Jagannath Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40636 of 2019 Arising Out of PS. Case No.-292 Year-2017 Thana- BABUBARHI District- Madhubani ====================================================== Jagannath Mukhiya Son of Late Uttim Lal Mukhiya Resident of VillageMaivi, P.S.- Lakhnaur, District- Madhubani (Ex. Panchayat Secretary Bhupatti).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gagan Deo Yadav For the Opposite Party/s :

Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 05-09-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections409, 419,420, 34 of the Indian Penal Code registered in connection with Babubarhi P.S. Case No. 292/2017.

3. It is submitted that the petitioner who is the Panchayat Secretary has been falsely implicated in connection with withdrawal of funds for construction under different schemes. Learned counsel for the petitioner invites reference to order dated 07.01.2019 passed in Cr. Misc. No. 69879 of 2018 in the case of the then Mukhiya of Gram Panchayat, Bhupatti who had been granted provisional bail by this Court to be confirmed subject to deposit of 50% of the unadjusted amount of Rs. 1,97,500/- in the learned Court below. It is stated that the petitioner similarly expresses his readiness to deposit 50% of the unadjusted amount of Rs. 1,97,500/-. The petitioner claims clean antecedents.

4. Be that it may, in the event of petitioner's arrest or

Patna High Court CR. MISC. No.40636 of 2019(3) dt.05-09-2019 2/3 surrender within four weeks hereof let the above named petitioner be released on provisional bail on furnishing bail bond of Rs.10,000/- [ten thousand] with two sureties of like amount each to the satisfaction of learned ACJM III, Madhubani in connection with Babubarhi P.S. Case No. 292/2017, subject to the conditions as laid down under Section 438(2) Cr.P.C. and also subject to the following further conditions:

(i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) The petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

5. The provisional bail granted to the petitioner shall be confirmed subject to the condition that the petitioner shall deposit 50% of the unadjusted amount of Rs. 1,97,500/- in the Court below within a further period of two weeks after furnishing bail bond, which will abide by the final result of the trial. In case the petitioner fails to deposit the amount as aforesaid within the stipulated period his bail bond shall stand automatically cancelled.

(Vikash Jain, J) Chandran/- U T

Patna High Court CR. MISC. No.40636 of 2019(3) dt.05-09-2019 3/3