Diwakar Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13805 of 2016 Arising Out of PS.Case No. -225 Year- 2015 Thana -MANSI District- KHAGARIA ====================================================== Diwakar Chaudhary, Son of late Mohan Chaudhary, resident of VillageRahimpur, Police Station-Muffasil, District-Khagaria. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ravi Shanker Pankaj, Advocate For the Opposite Party/s : Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 01-04-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Mansi P.S. Case No. 225 of 2015 registered under Sections 406 and 409 read with 34 of the Indian Penal Code. It is contended that the construction work was done by the School Education Committee on the basis of a written agreement executed between the State Project Director, B.E.P.S. and Vidyalay Shiksha Samiti and this petitioner signed the agreement merely as a witness and money was deposited in the account of Vidyalay Shiksha Samiti. The said account was operated by the President and Secretary of the Samiti. It is

Patna High Court Cr.Misc. No.13805 of 2016 (2) dt.01-04-2016 2 / 2 further contended that even from the FIR, it would appear that major portion of the construction work was already executed and only part of the construction remained pending. It is also contended that the petitioner being in government service has got roots in the society and is not likely to abscond or tamper with the evidence.

Learned counsel for the State has opposed the application for grant of pre-arrest bail to the petitioner. Regard being had to the facts and circumstances of the case, in the event of arrest or surrender in the court below within six weeks from today, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Khagaria in connection with Mansi P.S. Case No. 225 of 2015 subject to the conditions as laid down under Section 438(2) Cr. P.C. (Ashwani Kumar Singh, J.) Sanjeet/- U T