Chhedi Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10229 of 2017 Arising Out of PS.Case No. -8 Year- 2017 Thana -MARAUNA District- SUPAUL ====================================================== Chhedi Mahto, Ex- Chairman Sisauni PAACS, S/o Mushharu Mahto, Village-Sisauni Chhit, P.S.-Marauna, Dist-Supaul. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Karuna Kant Jha For the Opposite Party/s : Mr. Sri Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-03-2017 Heard learned counsel for the petitioner.

The petitioner is apprehending his arrest in connection with Marauna P.S. Case No. 08/2017 lodged for the offences punishable under Sections 406,409 & 420 of the Indian Penal Code.

It has been submitted on behalf of the petitioner that there is allegation of defalcation of Rs. 3,21,000/- which was allotted to the petitioner for construction 200 MT godown and for that purpose the petitioner has entered into an agreement for land and done some earth filling work but later on in the year 2014 due to flood in the river Koshi the land was washed away and he could not make construction and as such the petitioner had informed the Circle Officer, Marauna, Supaul and District Co-operative Officer

Patna High Court Cr.Misc. No.10229 of 2017 (2) dt.20-03-2017 2/3 also, copy of the application is annexed as Annexure-3. It is further submitted that the petitioner is still ready to complete the work but no show cause was asked from the petitioner and the case has been filed which will also appear from Annexure-3. Heard learned APP also.

Having heard both sides and in view of the statement made above which is supported by Annexure-3, let the petitioner, above named, in the event of his arrest or surrender in the court below within a period of two weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Supaul, in connection with Marauna P.S. Case No. 08/2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further conditions that both the bailors should be local person having sufficient property within the jurisdiction of the Court, the petitioner shall co-operate in the investigation of the case and assist the police and make himself available before the police as and when required and that if any further incriminating material comes against him during the course of investigation, the prosecution will be at liberty to move for cancellation of bail

Patna High Court Cr.Misc. No.10229 of 2017 (2) dt.20-03-2017 3/3 bonds of the petitioner.

With the aforesaid observations, this application is disposed of.

(Vinod Kumar Sinha, J) S.Pandey/- U T