Patna High CourtCR. MISC./56826/2015disposed

Shyamanand Thakur v. The State Of Bihar

2015-12-16Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56826 of 2015 Arising Out of PS.Case No. -19 Year- 2015 Thana -JOKIHAT District- ARRARIA ====================================================== Shyamanand Thakur Son of late Brahmanand Thakur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Girish Chandra Jha, Advocate For the Opposite Party/s : Mr. Mukesh Kr. Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 16-12-2015 Heard learned counsels for the petitioner and the State. The petitioner being the Panchayat Secretary is apprehending arrest in a case registered for the offences punishable under Sections 166, 167, 182, 406, 419, 464, 465, 420, 466, 467, 468, 471, 409 and 120B of the Indian Penal Code. The prosecution case is that the petitioner being the Panchayat Secretary prepared the list of beneficiaries under the old age pension scheme but the beneficiaries list includes the name of dead persons also and thereby the government money to the tune of Rs.1,33,600/- was misappropriated on the basis of forged documents.

It is submitted by learned counsel for the petitioner that entire amount including the interest to the tune of Rs.1,68,705/- has already been deposited before the concerned authority.

Patna High Court Cr.Misc. No.56826 of 2015 (2) dt.16-12-2015 2/2 Considering the aforesaid facts, let the above named petitioner be released on provisional anticipatory bail for six 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 SDJM, Araria in connection with Jokihat (Mahal Gaon) P.S. Case No.19/2015, 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 on verification of the fact that entire alleged misappropriated amount has already been deposited by the petitioner before the concerned authority. (Dinesh Kumar Singh, J) Ashwini/- U T