Shravan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60333 of 2023 Arising Out of PS. Case No.-653 Year-2022 Thana- RAHUI District- Nalanda ====================================================== Shravan Paswan, aged about 50 years, Gender- Male, son of late Ramji Paswan, resident of village- Dhamauli Dih, PS- Rahui (Wena), Dist. Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shyamal Prakash, Advocate For the Opposite Party/s :

Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 17-10-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends arrest in connection with Rahui (Wena) PS Case No.653 of 2022 dated 14.12.2022, instituted under Sections 409, 420/34 of the Indian Penal Code.

3. The allegation against the petitioner is that he being the President of Ward Kriyanwyan Awam Prabandhan Samitee along with its Secretary has embezzled the government money amounting to Rs.3,34,382/-.

4. Learned counsel for the petitioner submits that the petitioner is the President of Ward Kriyanwyan Awam Prabandhan Samitee. It is further submitted that the petitioner has already deposited a sum of Rs.1,30,000/- in the account of Ward Kriyanwyan Awam Prabandhan Samitee which will appear from Annexure-2. The petitioner further undertakes to

Patna High Court CR. MISC. No.60333 of 2023(2) dt.17-10-2023 2/2 deposit the rest amount i.e., Rs. 2,04,382/- within a period of two months from today in two equal installments.

5. Learned APP has opposed the prayer for bail.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on provisional bail for a period of two months upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nalanda at Biharsharif, in Rahui (Wena) PS Case No.653 of 2022, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

7. The petitioner is directed to deposit the balance amount i.e., Rs. 2,04,382/- in two equal installments by 20th December, 2023. If the petitioner deposits the balance amount within the aforesaid period in two equal installments and produces the proof of the same before the Court below, his provisional bail shall be confirmed by the Court below.

8. The application stands allowed.

(Khatim Reza, J) J. Alam/- U T