Ashok Kumar Jaiswal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60526 of 2017 Arising Out of PS.Case No. -114 Year- 2017 Thana -BHAGWANPUR District- BHABHUA (KAIMUR) ====================================================== Ashok Kumar Jaiswal S/o Lalan Jaiswal Resident of Village- Nauhatta, Police Station- Belaon, District- Kaimur at Bhabua. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Satyendra Pandey For the Opposite Party/s : Mr. Sri Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 08-01-2018 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Bhagwanpur (Belaon) PS case no. 114 of 2017 registered for the offences punishable under Sections 409, 417, 468, 471, 120(B) of Indian Penal Code.

The allegation in the FIR is that the main accused person namely Santosh Prasad, who is the Chairman of the Belaon PACS, forged deposit receipts in respect of deposit of a huge quantity of CMR (Custom Milled Rice) which was to be returned by the said PACS in lieu of the paddy entrusted to the accused persons for milling but the said Chairman with the help of the petitioner, misappropriated a huge amount pertaining to the said CMR.

Patna High Court Cr.Misc. No.60526 of 2017 (3) dt.08-01-2018 2/2 The learned Senior Counsel for the petitioner submits that the allegation whatsoever, has been leveled against the Chairman Santosh Prasad and the petitioner herein has no complicity in the alleged offence. It is submitted that the petitioner has a clean antecedent and he is ready and willing to join investigation.

Having regard to the facts and circumstances of the case, the abovenamed petitioner, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of this order, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhabua (Kaimur) in connection with Bhagwanpur (Beloan)PS case no. 114 of 2017 subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure. It is further directed that petitioner shall join investigation and cooperate with the investigating agency and in case, the prosecution finds that the petitioner is not cooperating, it shall move before this Court for cancellation of bail of the petitioner.

(Mohit Kumar Shah, J.) rinkee/- U T