Surendra Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23609 of 2017 Arising Out of PS.Case No. -82 Year- 2017 Thana -SHERGHATI District- GAYA ======================================================

1. Surendra Kumar Son of Sri Dularchand Ravidas Resident of Village - Bajaura Tola Mistri Tand, P.S. - Dobhi, District - Gaya.

2. Parsuram Prasad Son of Late Shivnandan Prasad Resident of Village - Deora, P.S. - Konch, District - Gaya.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Sudhir Kumar Sinha For the Opposite Party/s : Mr. Sri Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 20-07-2017 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Sherghati (Dobhi) P.S. Case N0. 82 of 2017, disclosing offences under Sections 409 and 420 of the Indian Penal Code.

The petitioners, at the relevant point of time were Panchayat Mukhiya and Secretary of Bajaura Gram Panchayat. They are said to have withdrawn a sum of Rs. 4,64,800/-, which was sanctioned by the 14th Finance Committee and misappropriated the said amount. Learned counsel appearing on behalf of the petitioners has submitted that the petitioners had utilized the amount for the purpose the same was released. He has submitted that following due procedure, solar lights were

purchased and sum of Rs. 4,64,000/- was accordingly paid to the company through cheque.

In view of the submission, which has been made, this application is allowed.

Let the petitioners above named in the event of their arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Sherghati at Gaya in Sherghati (Dobhi) P.S. Case No. 82 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) ArunKumar/- U