Patna High CourtCR. MISC./16946/2015bail granted

Jwala Prasad v. The State Of Bihar

2015-07-02Mr. Justice Prabhat Kumar Jha2 pages

Patna High Court Cr.Misc. No.16946 of 2015 (3) dt.02-07-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16946 of 2015 Arising Out of PS.Case No. -168 Year- 2013 Thana -DHARHARA District- MUNGER ====================================================== Jwala Prasad son of Sri Mahendra Prasad Sah resident of Mohalla - Aliganj, Bounsi Road, P.S. - Babarganj, District - Bhagalpur. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Dhananjay Kumar Gupta, Adv. For the Opposite Party/s : Mr. Shardanand Jha (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 02-07-2015 Heard both sides.

The petitioner apprehends his arrest in Dharhara P.S. Case No. 168 of 2013, registered for the offences punishable under Section 409 and other Sections of the Indian Penal Code. The petitioner is alleged to have committed illegality and thereby misappropriated Government fund in execution of Scheme no. 2 of 2010-2011 and Scheme no. 12 of 10-11 in Dharhara Block, Munger. The petitioner is not named in the FIR. The name of the petitioner figured in the case during course of investigation, as the petitioner was posted as Programme Officer in the aforesaid Block and he had to supervise the execution of the aforesaid Scheme.

Patna High Court Cr.Misc. No.16946 of 2015 (3) dt.02-07-2015 It is submitted that from perusal of Annexure-2 at page 121 of the petition, it would appear that the petitioner was posted as Programme Officer of Dharhara Block from 27.05.2008 to the months of June, 2010. Thereafter the said Scheme started in the year 2010-2011. The Mukhiya and other executants of the Schemes have already been granted anticipatory bail. Considering the facts aforesaid, the petitioner above named in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Smt. Sulekha Jha, Judicial Magistrate, 1st Class, Munger in connection with Dharhara P.S. Case No. 168/2013, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Prabhat Kumar Jha, J.) Rakhi/- U T