Patna High Court - Orders
Shiv Jatan Sah vs The State Of Bihar on 21 December, 2018
Author: Ashutosh Kumar
Bench: Ashutosh Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.72797 of 2018
Arising Out of PS. Case No.-131 Year-2015 Thana- PALIGANJ District- Patna
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Shiv Jatan Sah, S/o Late Nagina Sah, Resident of Village-Nawapali, P.S.
Siwan, District-Siwan at Present Posted as Clerk, Danapur Treasury Office,
Danapur, District-Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Santosh Kumar Singh
For the Opposite Party/s : Mr.Sri Rajesh Kumar
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CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR
ORAL ORDER
2 21-12-2018The petitioner seeks bail in anticipation of his arrest in connection with Paliganj P.S. Case No. 131 of 2015 dated 29.06.2015 instituted for the offences under Sections 419, 420, 406, 409, 120(B) of the Indian Penal Code.
From the provident fund account of the informant, rupees nine lakhs was fraudulently/illegally withdrawn about which the informant had no idea. She suspected the hands of the functionaries of Primary Health Centre, Paliganj, Treasury at Danapur and Provident Fund Office, Collectorate, Patna.
The learned counsel for the petitioner has Patna High Court Cr.Misc. No.72797 of 2018(2) dt.21-12-2018 2/3 submitted that the Treasury Officer, Danapur, after having found some irregularities in the functioning of the Treasury, lodged F.I.R against the messenger viz. Suman Kant Sinha and his mother, Gayatri Sinha vide Danapur P.S. Case No. 349 of 2015.
It has further been submitted that the petitioner is only a Clerk in the Treasury and there is no role of his as he does not function as drawing and disbursing officer.
This Court has further been informed that the Drawing and Disbursing Officer and another accused person have been granted anticipatory bail by different Benches of this Court.
Regard being had to the aforesaid facts, the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, is directed to be released on bail on his furnishing bail bonds of Rs. 10,000/-(ten thousands) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Danapur, Patna in connection with Paliganj Patna High Court Cr.Misc. No.72797 of 2018(2) dt.21-12-2018 3/3 P.S. Case No. 131 of 2015, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
(Ashutosh Kumar, J) Shageer/-
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