Prem Kumar Verma v. The State Of Bihar

Patna High Court Cr.Misc. No.56623 of 2018 (2) dt.28-09-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56623 of 2018 Arising Out of PS.Case No. -5 Year- 2018 Thana -BELDOUR District- KHAGARIA ====================================================== Prem Kumar Verma S/o Late Ram Swaroop Verma, R/o Vill.- Hardas Chak, Koshi College Khagaria, P.S.- Muffasil Khagaria, District- Khagaria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Poddar Suresh Gandhi, Adv For the Opposite Party/s : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 28-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 406, 409, 420 IPC registered in connection with Beldaur P.S. Case No. 05 of 2018, G.R. No. 55 of 2018.

3. It is submitted that the petitioner has been falsely implicated in connection with alleged fraudulent withdrawal of Rs. 1,78,000/- and Rs. 89,000/- respectively against Yojna No. 01/2010-11 and 02/2010-11. It is submitted that all the documents on the basis of which withdrawals had been made were signed by the Mukhiya and the B.D.O., and not by the petitioner who was the then Panchayat Secretary. The Mukhiya has been granted anticipatory bail by this Court in Cr. Misc. No. 18678 of 2018. The petitioner claims clean antecedents.

4. Having regard to the entirety of the facts and circumstances, as such, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of

Patna High Court Cr.Misc. No.56623 of 2018 (2) dt.28-09-2018 communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned A.C.J.M.III, Khagaria, in connection with Beldaur P.S. Case No. 05/2018 (G.R. No. 55/2018) 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. (Vikash Jain, J) Chandran U T