Shiv Sharan Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75147 of 2019 Arising Out of PS. Case No.-24 Year-2013 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur ====================================================== SHIV SHARAN DAS Son of Late Phoolchand Das Resident of Village - Atardah, P.S.- Sadar, Distt.- Muzaffarpur, At Occurrence time Posted as Lab Technician P.H.C. Mushahari, In the Distt. of Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bipin Kumar Sinha For the Opposite Party/s :

Mr.Narendra Kumar Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 05-12-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with Muzaffarpur Town P.S. Case No. 24/2013 registered for the offense punishable under Sections 409/420/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the present petitioner is working only as a Lab Technician in the District Malaria Office, Muzaffarpur, and since 2010 and during this period between 2010-11, on some occasions, the petitioner was made In-charge of the accounts on only two days of the week. Learned counsel for the petitioner submits that as per the direction of the District malaria Officer, Muzaffarpur, dated

Patna High Court CR. MISC. No.75147 of 2019(4) dt.05-12-2019 2/3 13.04.2011, the petitioner handed over the charge including the unused cheque leaves along with the volume of the used cheque to Mr. Ram Kumar, the present Clerk in the District Malaria Office, Muzaffarpur, and the document of charge of giving/taking was prepared on 13.04.2011 itself in which this petitioner and one Ram Kumar had duly attested. Learned counsel for the petitioner further submits that the entire withdrawal are after the said period i.e. in the year 2012 and, therefore, the petitioner has no concern with any such withdrawal. Learned counsel for the petitioner next submits that the District Malaria Officer on filing of the present case has deposited Rs. 2,00,000/- (two lacs) out of the total amount of Rs.

3,40,000/-(three lacs forty thousand), but the present petitioner has nothing to do with either the withdrawals or any such defalcation. He further submits that the petitioner has had an unblemished career and he has no criminal antecedents. In view of the aforementioned facts and circumstances, let the petitioner above named be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from today, on furnishing bail bonds of Rs.

Patna High Court CR. MISC. No.75147 of 2019(4) dt.05-12-2019 3/3 Magistrate, Muzaffarpur in connection with Muzaffarpur Town P.S. Case No. 24/2013, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Anjana Mishra, J) Saif/- U T