Upendra Narayan Jha v. The State Of Bihar

Patna High Court Cr.Misc. No.31839 of 2014 (2) dt.21-01-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31839 of 2014 Arising Out of PS.Case No. -6 Year- 2013 Thana -KAUAKOL District- NAWADA ====================================================== Upendra Narayan Jha S/o Kapildeo Jha Resident of Village Chhatihar, P.S. Hisua, District Nawada, at present posted as Revenue Karmachari, at Roh Prakhand, P.S. Roh, District Nawada.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Durgesh Nandan For the Opposite Party/s : A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 21-01-2015 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 409 and 420 of the Indian Penal Code registered in connection with Kawakole P.S. Case No. 06 of 2013.

3. It is submitted that the petitioner has been falsely implicated and he was neither authorized nor a custodian of the amounts for distribution of the draught relief fund. Similarly situated co-accused Om Prakash Bhagat has been granted anticipatory bail by this Court in Criminal Miscellaneous No. 25323 of 2014.

4. Having regard to the entirety of the facts and circumstances of the case, in the event of the petitioner's arrest or surrender before the court below within six weeks from the

Patna High Court Cr.Misc. No.31839 of 2014 (2) dt.21-01-2015 date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawadah, in connection with Kawakole P.S. Case No. 06 of 2013, subject to the conditions as laid down under Section 438

(2) Cr.P.C. and also subject to the following further conditions : (i) The petitioner shall cooperate with the investigation and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(ii) The petitioner shall remain physically present on each and every date during trial and in the event of failure on two consecutive dates, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Md. Ibrarul/- U T