Ishwar Chandra Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.56891 of 2018 Arising Out of PS. Case No.-284 Year-2017 Thana- MADHUBAN District- East Champaran ====================================================== Ishwar Chandra Sah, Son of Late Saryug Prasad Sah @ Late Saryug Sah, Resident of Village- Kajrahan, Police Station- Madhuban, District- East Champaran at Motihari.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jai Shanker Prasad For the Opposite Party/s :
Mr. Sir Pawan Kumar Chaurasiya ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 08-10-2018 Heard learned counsel for the parties.
Petitioner seeks bail in Madhuban P.S. Case No. 284 of 2017 registered for the offence punishable under Sections 406, 409 and 420 of the Indian Penal Code.
Allegation against the petitioner is of misappropriation of Govt. Fund of Rs. 11,33,537/- allotted for construction of building of three schools.
It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. Petitioner has got no criminal antecedent and is in custody since 06.07.2018. Petitioner is ready to pay the amount of Rs. 11,33,537/- as per his undertaking given in para 8 and 9 of the petition, which reads as follows:-
Patna High Court Cr.Misc. No.56891 of 2018(2) dt.08-10-2018 2/3 "8. The petitioner is an old and sick person and admittedly retired more than 5 years back, but he has been sent behind the bar and made scapegoat by the Informant and his senior officers, therefore, with objection the petitioner is ready to deposit the aforesaid amount from his dues gratuity, which is Rs. 6,30,828/- and for the rest amount he is giving consent to deduct the same from his monthly pension, but the entire deposit by the petitioner will be subject to the result of the case, since the amount was misappropriated by his supervising authorities also, which will be come in course of investigation/trial.
9. The petitioner is at present getting Rs. 30,205/- per month as his monthly pension and he is ready to pay up to Rs. 20,000/- per month to became liability free."
Considering the aforesaid facts and undertaking at para 8 and 9, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IV, Motihari at East Champaran, in connection with Madhuban P.S. Case No. 284 of 2017, with following conditions:-
(1) Gratuity amount of the petitioner of Rs.
6,30,828/- shall be withheld and rest amount of Rs. 5,0,2709/- shall be recovered from the monthly pension of the petitioner and the EMI of the same should not be more than Rs. 20,000/- per month. The payment of amount of Rs. 11,33,537/- shall be subject to outcome of the case.
(2)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(3) Petitioner shall co-operate in the trial and shall be present on each and every date fixed by
Patna High Court Cr.Misc. No.56891 of 2018(2) dt.08-10-2018 3/3 the court and his absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel his bail bond.
(4) If the 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.
(S. Kumar, J) ranjan/- U