Patna High CourtCR. MISC./13203/2018bail granted

Md. Abu Nasar v. The State Of Bihar

2018-03-08Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13203 of 2018 Arising Out of PS.Case No. -177 Year- 2017 Thana -BAHADURGANJ District- KISANGANJ ======================================================

1. Md. Abu Nasar S/o Late Serajuddin @ Late Sirajulddin, R/o VillageTangtangi, P.S.- Bahadurganj, District- Kishanganj. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Rashid Alam, Adv. For the Opposite Party/s : Mr. Sri Sanjay Kumar Sharma, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 08-03-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 406,420 and 120B of the Indian Penal Code.

Petitioner is Chairman of the PACS.

Allegation is of defalcation of Rs.6,41,520/- in the matter of purchase of paddy.

Submission of the learned counsel for the petitioner is that the petitioner is in custody since 18.10.2017, he is ready to deposit the aforesaid amount with the Govt. Account under protest. However, the petitioner may be permitted to deposit 1/3rd of the total due amount within one month.

Patna High Court Cr.Misc. No.13203 of 2018 (2) dt.08-03-2018 Considering the aforesaid submission, let petitioner be enlarged on provisional bail on furnishing bail bond of Rs.50,000/- (Fifty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Bahadurganj Police Station Case No.177 of 2017 subject to the condition that he will deposit 1/3rd of the total due amount within a period of one month and shall deposit the receipt of the same at the time of furnishing provisional bail bond. The provisional bail shall be confirmed by the learned court below only after refund of the entire amount within a period of nine months, as undertaken by the petitioner.

With the aforesaid observation, prayer for bail is allowed to the aforesaid extent.

(Birendra Kumar, J) Nitesh/- U T