Jagdish Prasad v. The State Of Bihar

Patna High Court Cr.Misc. No.51546 of 2017 (3) dt.12-12-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51546 of 2017 Arising Out of PS.Case No. -325 Year- 2016 Thana -GHOSI District- JEHANABAD ======================================================

1. Jagdish Prasad, Son of Late Sita Ram Prasad, resident of Village- Korma, P.S.- Parasbigha, District- Jehanabad, (Retired Buniyadi Health Worker, Primary Health Centre, Okari, Jehanabad).

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Uday Narayan Singh, Adv. For the Opposite Party/s : Mr. Sri Nand Kishore Pd., A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 12-12-2017 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Ghoshi (Okri) Police Station Case No. 325 of 2016, disclosing offences under Sections 409, 420 and 34 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has not committed any offence. In fact, the petitioner happens to be retired Buniyadi Health Worker in Okri Primary Health Centre (P.H.C.) was superannuated from service on 31.10.2015 and when the petitioner came to know the fact that he has inadvertently been paid excess amount in his G.P.F. account to the tune of Rs. 7,11,980/-, he has deposited the

Patna High Court Cr.Misc. No.51546 of 2017 (3) dt.12-12-2017 said amount through treasury challan, which is evident from annexure-2-series, therefore, nothing remains for further prosecution of the petitioner in this case. Hence, the petitioner deserves the privilege of anticipatory bail.

Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks, 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 Sub Divisional Judicial Magistrate, Jehanabad, in connection with Ghosi (Okari) Police Station Case No. 325 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T