Ganesh Prasad Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.66775 of 2018 Arising Out of PS. Case No.-34 Year-2017 Thana- ISUAPUR District- Saran ====================================================== Ganesh Prasad Ram, Son of Late Singhasan Manjhi, Postal Assistant R/o Village- Sadhwara, P.S.- Ishuapur, District- Saran at Chapra. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Nawal Kishore Singh For the Opposite Party/s :

Mr. Sri Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 17-12-2018 Heard learned counsel for the parties.

Petitioner is apprehending arrest in connection with Ishuapur PS Case No. 34/2017 for the offence under Sections 420, 467, 468. 471, 120B and 34 of the Indian Penal Code. Learned counsel appearing for the petitioner submits that the instant case was registered on 01.03.2017 with regard to transaction of 2009. There is allegation that petitioner and four other co-accused persons have withdrawn Rs.1,30,000. Against that amount the department has recovered Rs.2,91,443/- from the salary of the petitioner. Learned counsel representing the petitioner submits that in fact the petitioner is not the beneficiary rather he has suffered recovery of Rs.2,91,443/-. Considering that the petitioner has no criminal antecedent and the fact that recovery has been made from his

Patna High Court Cr.Misc. No.66775 of 2018(2) dt.17-12-2018 2/2 salary, this application is allowed. Accordingly, in the event of arrest or surrender before the court below within a period of one month from today, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Saran at Chapra in connection with Ishuapur PS Case No. 34/2017 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

The recovered amount shall abide by the outcome of the criminal case.

(Anil Kumar Upadhyay, J) mrl./- U T