Narendra Rai @ Nagendra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35985 of 2017 Arising Out of PS.Case No. -52 Year- 2017 Thana -GOPALPUR District- GOPALGANJ ======================================================

1. Narendra Rai @ Nagendra Rai Son of Late Kapil Deo Rai, R/o VillageChailwa, P.S.- Goplapur, District- Gopalganj. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shubhesh Pandey, Advocate For the Opposite Party/s : Mr. Chaubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 10-08-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 409 of the Indian Penal Code and Section 45(b) of the Bihar Cooperative Societies Act.

The petitioner was Chairman of the PACS.

Subsequently, the informant was elected as Chairman of the PACS.

Allegation against the petitioner is that even after lapse of two years from the date of election of the informant as PACS Chairman the petitioner had not get the account audited nor he is doing the work of PACS nor has submitted charge of his

Patna High Court Cr.Misc. No.35985 of 2017 (2) dt.10-08-2017 P2/ post.

Submission of the learned counsel for the petitioner is that petitioner is already writing to all the authorities to give statement of the accounts but they are evading the same on the ground that the software has crashed.

Considering the nature of allegation, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-XI, Gopalganj/successor Court in connection with Gopalganj Police Station Case No. 52 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Mkr./- U T