Ram Balak Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38301 of 2015 Arising Out of PS.Case No. -21 Year- 2011 Thana -KARJA District- MUZAFFARPUR ====================================================== Ram Balak Sah, Son of late Gani Sah .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Neeraj Kumar Alias Sanidh, Advocate For the Opposite Party/s : Mr. T.N.Thakur (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 30-09-2015 Heard learned counsels for the petitioner and the State. The petitioner being the ex-Panchayat Secretary is apprehending arrest in a case registered for the offences punishable under Sections 409 and 420 of the Indian Penal Code. The prosecution case is that the petitioner being the exPanchayat Secretary committed irregularity in the scheme of 2000-01, which has been detected during enquiry. It is submitted by learned counsel for the petitioner that the FIR does not suggest specific accusation and the enquiry report on the basis of which the FIR has been registered is not the part of the FIR. The investigation has still not concluded against the petitioner.

Considering the aforesaid facts, let the above named petitioner be released on provisional anticipatory bail for three

Patna High Court Cr.Misc. No.38301 of 2015 (2) dt.30-09-2015 2/2 months, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Muzaffarpur in connection with Karja P.S. Case No.21 of 2011, subject to the conditions as laid down under Section 438(2) Cr.P.C.

The provisional bail of the petitioner will be confirmed by the learned court below, if it is found that process under sections 82/83 has not been issued against the petitioner but if it is found otherwise, then the petitioner will surrender and pray for regular bail.

(Dinesh Kumar Singh, J) Ashwini/- U T