Naveen Kumar @ Naveen Raut v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75028 of 2019 Arising Out of PS. Case No.-99 Year-2016 Thana- SIMRI District- Darbhanga ====================================================== NAVEEN KUMAR @ NAVEEN RAUT, Son of Rajgir Raut, GendarMale, aged about 40 years, Resident of Village - Simri, P.S.- Simri, District - Darbhanga.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Prem Kumar, Adv.
For the Opposite Party/s :
Mr.Shailendra Kumar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 25-11-2019 Heard learned counsel for petitioner and learned counsel for the State.
Petitioner, who is in custody, seeks bail registered for the offences punishable under Sections 406, 407, 420, 421, 422, 423 and 120(B) of the Indian Penal Code. District Programme Officer (MNREGA), Singhbada was directed by a letter issued by Deputy Collector that the allegation against petitioner was inquired by Senior Deputy Collector, Darbhanga and according to inquiry report the then Mukhiya and his Bhaisur (petitioner) have been accused of misappropriation of Government fund which is financial irregularity and directed to institute FIR against the Mukhiya for said period as well as her Bhaisur (petitioner) on
Patna High Court CR. MISC. No.75028 of 2019(3) dt.25-11-2019 2/3 basis of which FIR was instituted on 01.10.2016. It has been submitted on behalf of the petitioner that allegations are false and concocted and has not been found to be true against petitioner in the inquiry conducted by the Senior Deputy Collector as enclosed in this petition as Annexure-1. Earlier also for similar allegation Simri P.S. Case No. 193 of 2012 and Simri P.S. Case No. 198 of 2012 was instituted but final form was submitted against the petitioner. Petitioner is in custody since 14.09.2019.
Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Darbhanga, in connection with Simri P.S. Case No. 99 of 2019, subject to conditions:
(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and his absence on two consecutive dates without proper and valid reasons, trial court shall have liberty to cancel his bail bond.
(3) If the petitioner tampers with the evidence or the
Patna High Court CR. MISC. No.75028 of 2019(3) dt.25-11-2019 3/3 witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) Rajiv/- U T