Ajay Kumar Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48073 of 2022 Arising Out of PS. Case No.-1 Year-2022 Thana- LAKHNAUR District- Madhubani ====================================================== Ajay Kumar Thakur Son of Chandra Kant Thakur Resident of Village - Kachhua, P.S.- Lakhnaur, District - Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramchandra Jha Raman, Advocate For the Opposite Party/s :

Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 05-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail, who is in custody since 16.05.2022, in connection with Lakhnaur P.S. Case No. 01 of 2022, F.I.R. dated 08.01.2022 registered for the offences punishable under Sections 409, 420, 34 of the Indian Penal Code.

Allegation against the petitioner is that he along with other co-accused had withdrawn Rs. 2,43,500/- but did not use that money for the government scheme and thereby defalcated Rs. 2,43,500/-.

Learned counsel for the petitioner submits that the petitioner carries two more cases other than the present one. Learned counsel for the petitioner outrightly submits that the

Patna High Court CR. MISC. No.48073 of 2022(6) dt.05-05-2023 2/3 petitioner is ready to deposit Rs. 2,43,500/- in favour of Panchayat Raj Officer-cum-Executive Officer, Lakhnaur, District- Madhubani.

In view of the submission made by learned counsel for the petitioner, let the petitioner, above named, 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 learned A.C.J.M. 1st Jhanjharpur, DistrictMadhubani, in connection with Lakhnaur P.S. Case No. 01 of 2022, subject to the following conditions :-

(1) The petitioner shall deposit a demand draft of Rs. 2,43,500/- in favour of Panchayat Raj Officer-cumExecutive Officer, Lakhnaur, District- Madhubani at the time of furnishing bail bond.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(3) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

Patna High Court CR. MISC. No.48073 of 2022(6) dt.05-05-2023 3/3

(4) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U T