This is an oral order releasing the petitioner on bail in a case involving misappropriation of government money punishable under Section 409 IPC, subject to furnishing a bond and depositing a sum for final disposal.
Release on bail bond of Rs.10,000/- with two sureties and deposit of Rs.25,000/- subject to final disposal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.17723 of 2015
Arising Out of PS.Case No. -536 Year- 2014 Thana -BARACHATTI District- GAYA ====================================================== 1. Vikash Kumar S/o Dulli Prajapat resident of Village- Anjnima Tand P.C- Jaigir P.s- Barachatti District-Gaya .... .... Petitioner/s Versus 1. The State of Bihar
.... .... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Diwakar Prasad Singh For the Opposite Party/s : Mr. Pradeep Narayan Kr.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
The petitioner seeks bail in connection with Barachaty P.S. Case No. 536/14 for the offence punishable under section 409 of the Indian Penal Code.
The prosecution story, in brief, as per the written information made by Abhimanyu Kumar, Prakhand Teacher working as Incharge Headmaster, is that the petitioner misappropriated Government money.
It has been submitted on behalf of the petitioner that the petitioner has been implicated in the present case due to mistake of fact. Further, it has been submitted that the petitioner is in custody since 10-2-2015.
It has been further submitted that though it has been alleged in the F.I.,R. that there is misappropriation of rupees four
Patna High Court Cr.Misc. No.17723 of 2015 (3) dt.11-06-2015
2 / 2
lacs and odd on the part of the petitioner, it has been submitted that the petitioner is ready to deposit Rs.25,000/-(twentyfive thousand) in the court below, which may be subject to the result of the final disposal of the case.
On behalf of the State it has been submitted that the petitioner is named in the F.I.R.
Considering the facts and circumstances of the case, let the petitioner Vikash Kumar be released on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate,1st Class at Sherghati, in connection with Barachaty P.S. Case No. 536/14 with the condition that the petitioner shall deposit an amount of Rs.25,000/-(twenty five thousand) in the court below, which shall be subject to the final disposal of the criminal case.
(Sudhir Singh, J)
BK.Roy/-
U T
1 issue framed by the court
Whether the petitioner shall be granted bail in the offence punishable under Section 409 IPC.
1 provisions across 1 enactments
Vikash Kumar
The State of Bihar
SUDHIR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
