Ram Sewak Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15957 of 2018 Arising Out of PS.Case No. -341 Year- 2017 Thana -GHOSI District- JEHANABAD ====================================================== Ram Sewak Singh S/o Late Hukum Singh, R/o Village- Kakhaura, P.S.- Sakurabad, District- Jehanabad, the then panchayat Sachiv, Modanganj and present posted as Panchayat Sachiv, Kako Blok, Jehanabad. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Singh For the Opposite Party/s : Mr. Shailendra Kumar -1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-06-2018 Petitioner apprehends his arrest in connection with Ghoshi (Okari O.P.) P.S.Case No. 341 of 2017, G.R.No. 2342 of 2017, registered for the offences punishable under Sections 420, 406, 409, 467 and 468 of the Indian Penal Code. Allegation against the petitioner is that he misappropriated an amount of Rs. 8 lakhs though it is stated that he has deposited the same. Further allegation is that in Audit it has been alleged that an amount of Rs.4,50,000/- was unauthorizedly withdrawn by the petitioner, who is Panchayat Sewak, and Mukhiya of Gram Panchayat.

Submission of learned counsel for the petitioner is that petitioner is facing the departmental proceeding for the same. Heard learned APP also, who has opposed the prayer for

Patna High Court Cr.Misc. No.15957 of 2018 (3) dt.20-06-2018 2/2 anticipatory bail.

So far departmental proceeding and criminal proceeding are concerned, they are two different things. At this stage it has been submitted by learned counsel for the petitioner that he is ready to deposit the said amount in instalment if reasonable time is granted to him. In view of above submission, let petitioner surrender within a period of six weeks from the receipt of this order along with a Bank Draft for Rs.1,50,000/- and learned court below will release him on provisional bail for a period of three months and he will continue to deposit rest of the amount of Rs.3,00,000/- in three equal instalments in the following three months. If the total amount of Rs.4,50,000/- is deposited his bail bond shall be confirmed by the court below, otherwise his bail bond shall be cancelled.

With the above observation, this application is disposed of.

(Vinod Kumar Sinha, J) spal/- U