Sitaram Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53742 of 2018 Arising Out of PS.Case No. -108 Year- 2017 Thana -TRIVENIGANJ District- SUPAUL ====================================================== Sitaram Jha, Son of Late Umakant Jha, Resident of Village- Bahuarba, P.S.- Kishanpur, District- Supaul.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Nilesh Kumar, Advocate. For the Opposite Party/s : Mr. Arun Kumar Pandey, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 31-10-2018 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Triveniganj P.S. Case No. 108 of 2017 instituted for the offence under Sections 420, 467, 468 and 409 of the Indian Penal Code.

In the written report it is alleged that petitioner while working as Panchayat Secretary has withdrawn amount of Rs.14,78,500/- after putting forged signature of the Mukhiya of the Panchayat. It is alleged that petitioner returned Rs.2,88,500/- and remaining amount of Rs.11,90,000/- is still due against the petitioner.

Counsel for the petitioner submits that departmental proceeding was initiated against the petitioner for the present charges and for other charges, for which, other First Information

Patna High Court Cr.Misc. No.53742 of 2018 (3) dt.31-10-2018 2/2 Report was also lodged. The petitioner has filed show cause vide Memo No. 849-2 dated 29.08.2017 giving details of relevant documents including the complaint filed before the District Public Grievance Redresal Officer. It is mentioned in the show cause that all the cheques have been issued on the direction of the Mukhiya for making payment to the concerned persons for supplying the materials and the proceedings of the concerned schemes. Counsel for the petitioner further submits that there is no denial of the aforesaid statement made by the petitioner in the show cause by the Mukhiya.

Petitioner is said to be in custody since 17.03.2018. Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Supaul, in connection with Triveniganj P.S. Case No. 108 of 2017, subject to the condition that both the bailors will be the close relatives of the petitioner. (Sanjay Priya, J) S.Ali/- U T