Kashi Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.65893 of 2018 Arising Out of PS. Case No.-709 Year-2017 Thana- BIHARSHARIF District- Nalanda ====================================================== Kashi Chaudhary, S/o Late Mahavir Chaudhary, R/o Ahiyapur Mushahri, P.S.- Sarmera, District- Nalanda.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Binit Kumar For the Opposite Party/s :

Mr. Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 21-12-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest in connection with Bihar P.S. Case No. 709 of 2017 registered under Sections 409, 471, 472, and 420 of the Indian Penal Code. Petitioner is said to have engaged private person, namely, Haro Pandit for the census work without permission of Census Officer and has also not furnished his attendance register in the office.

It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and has committed no offence. As a matter of fact, he had superannuated in the year 2008 as an Assistant and later on he was engaged on contract in

Patna High Court Cr.Misc. No.65893 of 2018(2) dt.21-12-2018 2/2 2010 in the census office. He had not engaged Haro Pandit for the census work rather In-charge Census Officer-cum-Junior Engineer, Parmanand Prasad Singh had engaged him vide letter no. 14 dated 20.05.2010. Moreover, there is no allegation of making any defalcation of the public coffer against the petitioner.

On the other hand, learned APP opposed the bail prayer of the petitioner.

In the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Bihar P.S. Case No. 709 of 2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Prakash Chandra Jaiswal, J) rohit/- U T