Amal Kishore Choudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.16695 of 2017 Arising Out of PS.Case No. -25 Year- 2017 Thana -MANSI District- KHAGARIA ======================================================
1. Amal Kishore Choudhary, son of Late Bhagwat Choudhary, Resident of Village- Balha Bazar, Police Station- Mansi, District- Khagaria. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Binay Kumar For the Opposite Party/s : Mr. Sri Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-04-2017 Heard the parties.
The petitioner is apprehending his arrest in connection with Mansi P.S. Case No.25 of 2017, G.R. No.343 of 2017 registered for offences punishable under Sections 420 & 409/34 of the Indian Penal Code.
Allegation against the petitioner is about defalcation of money allotted under the Plantation of Trees Scheme and on enquiry it was found that no trees were there, however, it is submitted on behalf of the petitioner that on enquiry, the villagers disclosed that the trees were planted but as the construction of school is going on, as such all the trees have died. Heard learned A.P.P. also.
Having heard both sides and in view of the facts and
Patna High Court Cr.Misc. No.16695 of 2017 (2) dt.12-04-2017 2/2 circumstances, as stated above, the petitioner is directed to surrender before the learned court below within a period of six weeks and the learned court below will release the petitioner on bail bond of Rs.25,000/- (Twenty five thousand) with like amount with condition that (i) one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court, (ii) he shall co-operate in the trial of the case and make himself available as and when required by the Police and (iii) if the charge-sheet is submitted against the petitioner and found some otherwise materials against him, the prosecution is at liberty to move for cancellation of the bail bond of the petitioner.
With the aforesaid observation, this application is allowed.
(Vinod Kumar Sinha, J) chn/- U