Birendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39815 of 2015 Arising Out of PS.Case No. -63 Year- 2014 Thana -SIKTI District- ARRARIA ====================================================== Birendra Kumar, Son of Late Sidh Nath Prasad, then Block Co-operative Extension Officer, Sikty, Araria, at present posted as B.C.E.O., Manigachhi, Darbhanga, District- Darbhanga, Permanent resident of Birpur P.S. Birpur, District. Supoul.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bijendra Kumar Singh For the Opposite Party/s : Mr. A.Dayal (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-10-2015 Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in a case instituted under Section 409 of the Indian Penal Code. Allegation against the petitioner is with regard to defalcation of Government money.

It has been submitted on behalf of the petitioner that he has no criminal antecedent. He was working on the post of Block Cooperative Extension Officer. He has been made accused due to mistake of fact. Vide Annexure-2 it appears that petitioner has deposited Rs. 1, 24, 809/- to the competent authority after institution of the case on 18.4.2015.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the above named petitioner, in the event of arrest or surrender in the court below within a period of four weeks, be released on bail on

Patna High Court Cr.Misc. No.39815 of 2015 (2) dt.01-10-2015 2 / 2 furnishing bail bond of Rs. 10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of Sri Sanjay Kumar Singh, learned Judicial Magistrate, Ist Class, Araria, in connection with Sikty P.S. Case no. 63 of 2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) sudip/- U T