Ram Lakhan Prasad v. The State Of Bihar

Patna High Court Cr.Misc. No.43494 of 2018 (2) dt.23-07-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43494 of 2018 Arising Out of PS.Case No. -73 Year- 2017 Thana -TEKARI District- GAYA ====================================================== Ram Lakhan Prasad, Son of Late Kali Prasad, resident of VillageKanhara, Police Station- Ramlila, District- Gaya. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Manish Kumar No-2 For the Opposite Party/s : Mr. Smt. Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 23-07-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks anticipatory bail in a case instituted for the offences under Sections 467, 468, 419 and 420 of the Indian Penal Code.

Petitioner is a Panchyat Secretary and allegation has been made that old age pension was given to some ghost as it transpired that they have given the money to dead persons. Details have been given in the First Information Report that comes to Rs. 36,400/-.

Learned counsel for the petitioner submits that petitioner has not committed any mistake. However, when he could know about lodging of the First Information Report he has deposited

Patna High Court Cr.Misc. No.43494 of 2018 (2) dt.23-07-2018 the said amount which is apparently clear from Annexure 3. Looking to the facts and circumstances of the case, in the event of arrest or surrender within four weeks from today, let petitioner, namely, Ram Lakhan Prasad, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate - IVth, Gaya in connection with Tekari P.S. Case No.73 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. It is made clear that whenever police will call the petitioner for investigation/integration, he will present himself to co-operate police for the same. In failure, the prosecution will be at liberty to file an application for cancellation of bail before court below.

(Shivaji Pandey, J) Vinay/- U T