Chandradeo Ram v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.12222 of 2018 Arising Out of PS.Case No. -263 Year- 2017 Thana -MANSI District- KHAGARIA ====================================================== Chandradeo Ram, S/o Late Kaleshwar Ram, R/o Village- Mohmadpur, near Dr. Sangeet Clinic, East of Jaimangla Store, P.O.- Mirzapur Bandua, P.S.- Nagar, District- Begusarai.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. The Assistant Superintendent of post, Khagaria, Eastern Division, Khagaria.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ravi Bhardwaj, Advocate For the Opposite Party No.2 : Mr. Anjani Kumar Sharan, Asst. S.Y. For the State : Mr. Nawal Kishore Prasad, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 24-04-2018 Heard learned counsel for the petitioner, learned counsel for the opposite party No. 2 and learned counsel for the State.
The petitioner apprehends his arrest in Mansi P.S. Case No. 263 of 2017 instituted for the offence under Sections 409, 420, 467, 468, 471/34 of the Indian Penal Code and Section 66(D) of Information and Technology Act.
Learned counsel for the petitioner has submitted that there is allegation of misappropriation of amount of Rs.13,48,000/- out of total amount of Rs.71,20,471/- against the petitioner and the petitioner was asked to deposit the aforesaid
Patna High Court Cr.Misc. No.12222 of 2018 (2) dt.24-04-2018 2/3 amount, which he has already deposited even prior to the lodging of the First Information Report. Photocopy of deposits, receipts and relevant papers has been annexed as Annexure 3 series. Counter affidavit has been filed on behalf of the opposite party No. 2 wherein in paragraph-13 it is mentioned that out of total government loss in this case so far detected, is Rs.71,20,471/-, out of which, a sum of Rs.13,48,000/- has been misappropriated during incumbency period of the petitioner and the same were got credited to government account by him. Learned counsel for the petitioner has submitted that other co-accused person namely, Md. Shakir who was working as Sub Post Master in Mansi Post Office during the relevant period, has already been granted anticipatory bail by this Court vide order dated 30.03.2018 passed in Cr. Misc. 9967 of 2018. It has further been submitted that there is specific allegation against co-accused Sanjeev Kumar of withdrawing money.
Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Mansi P.S. Case No. 263 of 2017, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like
Patna High Court Cr.Misc. No.12222 of 2018 (2) dt.24-04-2018 3/3 amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(Sanjay Priya, J) S.Ali/- U T