Sunil Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40184 of 2016 Arising Out of PS.Case No. -69 Year- 2015 Thana -BISHUNPUR District- DARBHANGA ======================================================

1. Sunil Kumar Paswan Son of Sri Raghubir Paswan Resident of MohallaSunderpur at Darbhanga, Police Station- L.N.M.U. Darbhanga, District Darbhanga.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Niranjan Kumar, Advocate For the Opposite Party/s : Smt. Pronati Singh, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 30-09-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Bishanpur P.S.Case No. 69 of 2015 registered for the offence punishable under Sections 406 and 409 of the Indian Penal Code. The prosecution case is that the petitioner, who was working as Accountant in Primary Health Centre, Hanuman Nagar, Darbhanga has been dismissed from service by the order of the learned District Magistrate, Darbhanga vide letter dated 24.01.2015 but inspite of his dismissal order, he has not handed over charge.

It has been submitted by the learned counsel for the petitioner that before lodging F.I.R. he had handed over charge, and entire records were handed over to Md. Sawed Iraqui, Clerk of

Patna High Court Cr.Misc. No.40184 of 2016 (2) dt.30-09-2016 2/2 Hanuman Nagar, PHC on 30.03.2015, which is Annexure-3 of this application.

However, learned A.P.P. for the State submits that petitioner is named in the First Information Report, hence, opposes the prayer for bail.

Be that as it may, since the petitioner is a dismissed Government employee and there is confusion regarding handing over charge by the petitioner although he has stated that charge was handed over, let the petitioner, named above, in the event of his arrest or surrender before the learned Court below within a period of eight weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Darbhanga in connection with Bishanpur P.S.Case No. 69 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Nilu Agrawal, J) Sudha/- U T