Navin Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.33409 of 2017 (2) dt.16-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33409 of 2017 Arising Out of PS.Case No. -16 Year- 2017 Thana -MARKAHI District- KHAGARIA ====================================================== Navin Kumar, Son of Sri Umesh Chandra Prasad @ Umesh Prasad, R/o Village- Sonmankhi, P.S.- Morkahi, District- Khagaria the then President of Co-operative Pariyojna Prakhand, Alauli, District- Khagaria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Sumiran Rai For the Opposite Party/s : Mr. Sri Mustaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 16-08-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Morkahi P.S. Case No. 16 of 2017, registered under Sections 406 and 420 of the Indian Penal Code.

The accusation is that petitioner, being the ExChairman of PACs of Block Alauli, misappropriated the fund of Rs.8,95,000/-, which was being withdrawn for construction of Godown and Chabutra.

Learned counsel for the petitioner submits that, out of Rs.5,50,000/-, which was sanctioned for construction of the Godown, the petitioner being the then Chairman of PACs of Block Alauli, withdrawn Rs.4,95,000/- and the construction work of Godown up to linter has already been done. Moreover, petitioner

Patna High Court Cr.Misc. No.33409 of 2017 (2) dt.16-08-2017 is ready to deposit of Rs.7,00,000/- in the head of concerned department within three months on protest.

Having regard to the facts and circumstances of the case and submission of learned counsel for the petitioner, let the above named petitioner be released on provisional bail for three months, in the event of arrest or surrender before the learned Court below within a period of six 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 the SubDivisional Judicial Magistrate, Khagaria,, in connection with Morkahi P.S. Case No. 16 of 2017, subject to the condition as laid down under Section 438(2) of the Cr.P.C. If the petitioner submits the receipt regarding depositing of Rs.7,00,000/- within three months in the head of the concerned department, the provisional bail of the petitioner shall be confirmed by the court below. If the petitioner fails to submit the receipt of showing the deposit of Rs.7,00,000/-, the court below will be at liberty to cancel his bail bond.

Accordingly, the application is disposed of.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T