Patna High CourtCR. MISC./45082/2016bail granted

Suresh Prasad v. The State Of Bihar

2016-12-16Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45082 of 2016 Arising Out of PS.Case No. -288 Year- 2015 Thana -PHULPARAS District- MADHUBANI ======================================================

1. Suresh Prasad Son of Late Shatrudhan Prasad Resident of Village-Behat P.S. Lakhnaur, District Madhubani .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amit Kumar For the Opposite Party/s : Mr. Sri Rajeev Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 16-12-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Phulparas Police Station Case No. 288 of 2015 registered for the offences punishable under Sections 420, 467, 468, 471, 406, 409 of the Indian Penal Code.

According to the prosecution case, the petitioner was working as Panchayat Secretary, Bathnaha at the relevant time and he as well as other accused did not complete their work of scheme no.1/2008-09 and defalcated government money to the tune of Rs. 1 lac but learned counsel for the petitioner drew my attention towards "Annexure-2" to this petition and submits that vide letter no. 194 dated 19.02.2016 the Block Development Officer,

Patna High Court Cr.Misc. No.45082 of 2016 (2) dt.16-12-2016 2/2 Ghoghardiha reported to the inquiring officer that the work has already been completed and the aforesaid facts which is evident from para-2 of the aforesaid letter.

Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of his arrest/surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs. 10,000/-( ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Jhanjharpur, Madhubani in Phulparas Police Station Case no. 288 of 2015, subject to condition as laid down under Section 438(2) of the Cr.P.C. (Hemant Kumar Srivastava, J) N.K/- U T