Raja Ram Chandrabanshi @ Raja Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38840 of 2017 Arising Out of PS.Case No. -41 Year- 2016 Thana -AANTI District- GAYA ====================================================== Raja Ram Chandrabanshi @ Raja Ram, son of late Chandrika Chandrabanshi, R/o Village- Kathi, Shadipur, P.S.- Anti, District- Gaya. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Satya Veer, Advocate. Mr. Sanjay Kumar Jha, Advocate For the Opposite Party/s : Mr. Nawal Kishore Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 28-08-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Anti P.S. Case No. 41 of 2016 instituted for the offence under Sections 406, 420 and 409 of the Indian Penal Code.
It has been submitted that the allegation made in the written report is totally vague. There is no any specific role alleged against this petitioner of having misappropriated the money. The petitioner has retired as Postmaster from Sub Post Office, Kaithi, on 7.7.2012.
From the written report it appears that allegation has been made that for Manrega scheme, an amount of, Rs.1,63,154/- was withdrawn but work has not been done by the persons concerned. They have taken money in collusion with accused
Patna High Court Cr.Misc. No.38840 of 2017 (2) dt.28-08-2017 2/2 persons. As such, there is no allegation of any specific overt act against the petitioner.
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 Anti P.S. Case No. 41 of 2016, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Gaya, 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 absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner 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