Murari Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69288 of 2019 Arising Out of PS. Case No.-285 Year-2018 Thana- DUMRA District- Sitamarhi ====================================================== MURARI PASWAN Son of Late Dev Kumar Manjhi Resident of VillageChirand, P.S.-Doriganj, District-Chapra (Saran). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Madhubala Verma For the Opposite Party/s :

Mr.Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-06-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 406, 409, 420, 467, 468, 471 and 472/34 of the Indian Penal Code.

The prosecution case, in short, is that the accused persons misappropriated and committed irregularities and withdrew huge amount of money sanctioned under the head of scholarship.

It has been submitted on behalf of the petitioner that

Patna High Court CR. MISC. No.69288 of 2019(5) dt.04-06-2020 2/3 the petitioner is in custody since 13.8.2019 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The matter relates to settlement of accounts. The petitioner has been made accused due to mistake of fact. It is further submitted that the petitioner is ready to deposit a sum of Rs. 5 (five) lakhs in the court below within a period of three months which shall be subject to the result of the case.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R..

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on provisional bail on furnishing of bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi in connection with Dumra P.S. Case No. 285 of 2018. Once the petitioner deposits a sum of Rs. 5 (five) lakhs in the court below within a period of three months which shall be subject to the result of the case, within the stipulated period, the Court below shall confirm the provisional bail granted to the petitioner. If the petitioner fails to comply with

Patna High Court CR. MISC. No.69288 of 2019(5) dt.04-06-2020 3/3 the aforesaid direction within the stipulated time, the Court below will be at liberty to cancel the provisional bail granted to the petitioner.

(Sudhir Singh, J) Pankaj/- U T