Indradeo Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8561 of 2018 Arising Out of PS.Case No. -102 Year- 2016 Thana -JHANJHARPUR District- MADHUBANI ======================================================

1. Indradeo Jha Son of Ram Lakhan Jha Resident of Village- Bhakhrain, P.S. Madhepur, District- Madhubani at Present Panchayat Sachiv, Jhanjharpur, P.S. Jhanjharpur, District- Madhubani. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Mishra, Advocate For the Opposite Party/s : Mr. Dilip Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 24-04-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offences punishable under Sections 409/420 of the Indian Penal Code.

Allegation against the petitioner is that he was Panchayat Secretary. At the relevant time Rs. 47,80,000/- was sanctioned under different government scheme for development work. However, the petitioner allegedly misappropriated rupees twenty-three lacs and odd.

Submission is that the Block Development Officer, who is the informant of this case, has also been made accused during the course of investigation considering his

Patna High Court Cr.Misc. No.8561 of 2018 (4) dt.24-04-2018 P2/ involvement. The petitioner is in custody since 12.11.2017. Petitioner has already deposited 20% of the alleged defalcated amount in pursuance of order dated 23.03.2018. Petitioner is ready to compensate after final accounting.

Considering the aforesaid submission, let the petitioner, above named, 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 the learned Court-below where the case is pending in connection with Jhanjharpur P.S. Case No.102 of 2016, with 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