Nayak Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71002 of 2022 Arising Out of PS. Case No.-413 Year-2018 Thana- BASANTPUR District- Siwan ====================================================== NAYAK MANJHI SON OF LATE MADAN MANJHI R/O VILLAGEBHARATPURA, P.S.- G.B. NAGAR, DISTRICT- SIWAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Pandey For the Opposite Party/s :

Mrs.Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 406 and 409 of the Indian Penal Code pending in the learned court below.

As per the prosecution case, when the informant inspected the cashbook of Nazarat and in inspection she came to know that charge of cashbook, Amin measure fee, Sairat, Lagan of Rs. 2,42,101.40 for the financial year 2018-19 not deposited in the government bank account nor he has given cash and Rs. 1,52,376/- of Abhisrav to Sri Nawal Kishore Singh who is the present Nazir. Hence criminal breach of trust has been breached by a government servant by not depositing the government

Patna High Court CR. MISC. No.71002 of 2022(2) dt.31-01-2023 2/2 amount.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that the petitioner has handed over the charge of Nazir and also deposited Rs. 3,94,477.40/- in the Government treasury which is also clear from the impugned order. He further submits that petitioner has got two criminal antecedents as stated in para-3 of the bail application. Learned APP for the State opposes for prayer for bail. Considering the aforesaid facts and circumstances and the fact that petitioner has handed over the charge of Nazir, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs.

25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Basantpur P.S. Case No.413/2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.