This order grants anticipatory bail to the petitioner, a former Programme Officer, apprehending arrest for offenses involving government money defealcation under the IPC, subject to bond conditions and time limits.
Release on anticipatory bail in the event of arrest or surrender with a bond of Rs. 10,000 and two sureties.
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.5610 of 2015
Arising Out of PS.Case No. -98 Year- 2010 Thana -SANGRAMPUR District- MUNGER ====================================================== 1. Jwala Prasad S/o Sri Mahendra Prasad Sah Resident of Mohalla Aliganj, Bounsi Road, P.S. Babarganj, District Bhagalpur. .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Dhananjay Kumar Gupta, Advocate For the Opposite Party/s : Mr. Pushpa Sinha (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 11-02-2015 Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 406, 409, 467, 468, 471, 420/34 of the Indian Penal Code. It is alleged that the Mukhiya of the Balia Panchayat in collusion with the others defaulcated the Government money for the Development Scheme No. 08 of 2007-08. The petitioner was the Programme Officer.
It is submitted by the learned counsel for the petitioner that the petitioner was appointed as Programme Officer vide memo no. 1356 dated 31.08.2007 and was handed over charge on 17.12.2007. The petitioner was not named in the First Information. The misrepresented amount of Rs. 98,280/- has already been deposited by the co-accused persons and
Patna High Court Cr.Misc. No.5610 of 2015 (2) dt.11-02-2015
2
considering the same the others have been granted bail vide Cr. Misc. No. 13641 of 2012 and Cr. Misc. No. 11488 of 2012.
Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Munger in connection with Sangrampur P.S. Case No. 98 of 2010, subject to conditions as laid down under Section 438(2) of the Indian Penal Code.
(Dinesh Kumar Singh, J)
P.K./-
U T
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner apprehending arrest for alleged state defealcation charges.
1 provisions across 1 enactments
Jwala Prasad
The State of Bihar
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
