Nageshwar Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85446 of 2019 Arising Out of PS. Case No.-71 Year-2012 Thana- PARAIYA District- Gaya ====================================================== 1.

NAGESHWAR PRASAD.

2.

Naresh Das Both Sons of Halkhori Das, Resident of Village - Bagahi, P.S.- Paraiya, Distt - Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binay Kumar, Adv For the Opposite Party/s :

Mr.Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 24-01-2020 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 406/34 of the Indian Penal Code.

The petitioners were Chairman and Secretary respectively of the Village Leval Beneficiary Group. They were assigned Govt. work for boring water pump. Allegation is that incomplete work was done and the remaining amount was misappropriated.

Submission is that in a certificate proceeding, petitioners have already paid the claimed amount which is

Patna High Court CR. MISC. No.85446 of 2019(2) dt.24-01-2020 2/2 Rs.6623/-. Petitioners have got no criminal antecedent. Considering the facts aforesaid, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000 (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Paraiya (Pariya) P.S.Case No. 71 of 2012, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further the petitioners 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 petitioners. (Birendra Kumar, J) Nitesh/- U T