Parmanand Bhagat v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3372 of 2018 Arising Out of PS.Case No. -692 Year- 2016 Thana -COMPLAINT CASE District- SUPAUL ======================================================

1. Parmanand Bhagat, S/o Late Lakhan Bhagat, R/o Village-Nayabazar, P.S.-Saharsa, District-Saharsa. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Satya Narayan Chaudhary S/o Late Kari Choudhary village-Gauravgarh, Ward No.-04, P.S. Supaul, Distt.-Supaul. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Smt. Shashi Priya Pathak For the Opposite Party/s : Sri Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 02-02-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State The petitioner apprehends arrest in connection with Complaint Case No. 692 (C) of 2016 registered for the offences under sections 406 and 420/34 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is a retired Teacher and the member of Bihar Madhyamik Shikshak Sangh, Patna. The complainant is also a Teacher who fought the election but lost and so he has instituted the false case of misappropriation of the amount of the aforesaid Sangh. The allegation is that the Sangh is not following the procedure. Similarly situated co-accused Gopal Kumar Jha has already been allowed bail by one of the coordinate Bench of this Court in Cr. Misc. No. 49980 of 2017 on 17.10.2017. The

Patna High Court Cr.Misc. No.3372 of 2018 (2) dt.02-02-2018 2/2 petitioner has got clean antecedent.

Considering the facts and circumstances, as stated above, the prayer for bail is allowed and the above named petitioner, in the event of arrest or surrender before the court below within six weeks from today, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Supaul in connection with Complaint Case No. 692(C) of 2016, subject to condition as laid down under section 438 (2) Cr.P.C. with further condition that (1) one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. (2) The petitioner will not induce any witness or tamper with the evidence. (3) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Sanjay Kumar, J) Mahesh/- U T