Kamal Kumar @ Sri Kamal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28234 of 2017 Arising Out of PS.Case No. -144 Year- 2017 Thana -NARPATGANJ District- ARRARIA ====================================================== Kamal Kumar @ Sri Kamal Kumar S/o Late Jaigobind Bishwash, The Panchayat Secretary, Gram Panchayat Pithora Block-Narpatganj, DistrictAraria. Permanent Address- resident of Village- Aurahi, P.S.- Simraha, District- Araria.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Anil Prasad Singh For the Opposite Party/s : Mr. Murlidhar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-07-2017 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is apprehending his arrest in connection with Narpatganj P.S. Case No. 144 of 2017 for the offences instituted under Sections 420, 406, 409, 34 of the Indian Penal Code.

The allegation against the petitioner is of defalcation and misappropriation of the huge amount of government money, which was allotted to him under scheme of Chapakal scheme-02 and 03.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The

Patna High Court Cr.Misc. No.28234 of 2017 (2) dt.06-07-2017 2/2 petitioner has been made accused due to mistake of fact. There is no substantive evidence to suggest his implication in the present case. It is further submitted that the petitioner is ready to deposit an amount of Rs. 7, 50,000/- in the court below which shall be subject to final disposal of the case.

On behalf of the State, it has been submitted that the petitioner is named in the F.I.R. petitioner and co-accused has misappropriated the public money.

Considering the aforesaid facts and circumstances, it is directed that the petitioner shall deposit an amount of Rs. 7,50,000/- in the court below, which shall be subject to final disposal of the case and on doing so, let the petitioner above named be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of eight weeks from today in connection with Narpatganj P.S. Case No. 144 of 2017 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Araria, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Amit/- U T