Amod Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.46136 of 2018 Arising Out of PS.Case No. -54 Year- 2017 Thana -MEHANDIA District- JEHANABAD ====================================================== Amod Kumar, S/o Ahileshwar Kumar @ Akhileshwar Sharma, R/o Vill.- Hasanpura, P.S.- Arwal, District- Arwal.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shivendra Prasad, Advocate. For the Opposite Party/s : Mr. Bal Mukund Prasad Sinha, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 16-08-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Mehandiya P.S. Case No. 54 of 2017 instituted for the offence under Sections 409, 420, 406 and 120(B) of the Indian Penal Code.
In the written report there is allegation that 37 beneficiaries were to be given Rs.55,000/- under Pradhan Mantri Rojgar Yojana but they were given only Rs.30,000/-. The rest amount of Rs.25,000/- of each of the beneficiaries has been misappropriated by accused Deepak Sharma.
Counsel for the petitioner submits that petitioner is not named in the written report. His name has come in the supervision note of the police. Petitioner has no concern with the defalcation of money in question. In fact, he was the witness on the application filed by the beneficiaries. Counsel for the petitioner further submits that other co-
Patna High Court Cr.Misc. No.46136 of 2018 (2) dt.16-08-2018 2/2 accused persons with similar allegation have already been granted anticipatory bail by a coordinate Bench of this Court vide order dated 18.06.2018 passed in Cr. Misc. 26124 of 2018. Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Mehandiya P.S. Case No. 54 of 2017, he shall be released on anticipatory bail on 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, Arwal, subject to the conditions as laid down under Section 438 (2) Cr. P.C.
with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(Sanjay Priya, J) S.Ali/- Rohit Kr.
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