Ashok Kumar Sah v. The State Of Bihar

Patna High Court Cr.Misc. No.28183 of 2015 (3) dt.30-09-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28183 of 2015 Arising Out of PS.Case No. -29 Year- 2014 Thana -PALASI District- ARRARIA ====================================================== Ashok Kumar Sah S/o Late Soti Lal Sah Resident of Village Rampur, Police Station Araria (Bairgachhi), District Araria. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Mukesh Kumar Rana For the Opposite Party : Mr. S.Dayal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-09-2015 Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in a case instituted under Sections 406, 409, 420, 467, 468, 471 and 120(B) of the Indian Penal Code.

It is alleged by the informant that the SHO Palasi for institution an FIR against the Mukhiya Panchayat Sachiv and convenor in view of the enquiry report related with Adhikar Yatra of the Chief Minister, Bihar with respect to the misappropriation of amount of Rs.20,92,500/- against the petitioner. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. Petitioner has been made accused due to mistake of fact. Petitioner denies the allegation and stated that he had installed all the solar lights as per

Patna High Court Cr.Misc. No.28183 of 2015 (3) dt.30-09-2015 the directions made by the competent authority. It is further submitted is ready to deposit an amount of Rs.20,000/- in the court below which shall be subject to final dispose of the case. On behalf of the State, it has been submitted that the petitioners are named in the FIR.

Considering the aforesaid facts and circumstances, it is directed that the petitioner shall deposit an amount of Rs.20,000/- in the court below which shall be subject to final disposal of the case and on doing so, let the above named petitioner, in the event of his arrest or surrender in the court below within a period of four weeks, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Shri P.K.Ratan, Judicial Magistrate, Ist Class, Araria in connection with Palasi P.S.Case No.29 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sudhir Singh, J) B.Kr./- U T