Patna High CourtCR. MISC./34044/2016bail granted

Bindeshwar Singh v. The State Of Bihar

2016-09-05Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34044 of 2016 Arising Out of PS.Case No. -219 Year- 2015 Thana -KARAHGAR District- SASARAM (ROHTAS) ====================================================== Bindeshwar Singh Son of Late Ram Prasad Singh, R/o village- Kusuri, P.S.- Sasaram (Darigaon), Distt.- Rohtas.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Ajay Nandan Sahay, Advocate For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 05-09-2016 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 406, 409, 420, 467, 468 and 34 of the Indian Penal Code registered in connection with Kargahar (Barahari) P.S. Case No. 219 of 2015.

3. It is submitted that the petitioner being the former Panchayat Secretary has been falsely implicated and no specific amount of money has been attributed to have been defalcated by the petitioner. Similarly situated co-accused Awadh Naresh Singh being the present Panchayat Secretary and Chinta Devi, being the Mukhiya have been granted anticipatory bail by this Court in Cr. Misc. No. 49967 of 2015 and analogous case.

4. Having regard to the entirety of the facts and

Patna High Court Cr.Misc. No.34044 of 2016 (2) dt.05-09-2016 circumstances, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Rohtas at Sasaram, in connection with Kargahar (Barahari) P.S. Case No. 219 of 2015, subject to the conditions as laid down under Section 438 (2) Cr.P.C., with the further condition that the petitioner shall deposit an amount of Rs. 40,000/- in the Court below which shall be subject to the final disposal of the case.

(Vikash Jain, J) Chandran/Ibrar U T