IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr. Misc. No.18092 of 2011
Suresh Prasad Yadav son of Late Chari Yadav
Versus
The State Of Bihar
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4/ 27.07.2011 Heard learned counsel for the petitioner and the State.
The petitioner seeks anticipatory bail in a case instituted
for the offence under sections 420 of the Indian Penal Code.
The allegation against the petitioner is that he had
defalcated rupees eight lacs allocated for construction of Panchayat
Bhawan and instead diverted the same for purchase of eighteen solar
lights.
The contention of the petitioner is that he being the
Mukhiya had to abide by the decision of Gram Sabha which had
taken this decision, otherwise, fund would have lapsed and the
Panchayat would not have gained in any manner.
Since there is no allegation that the petitioner had
defalcated the said amount and there is just an allegation of
irregularity having been committed by him, it is ordered that in the
event of surrender of the petitioner, named above, within four weeks
from the date of receipt of a copy of this order, in connection with
Parbatta P.S. Case No. 43 of 2011, he shall be released on
anticipatory bail on furnishing bail bond of Rs.5,000/-(five
thousand) with two sureties of the like amount each to the
satisfaction of the Chief Judicial Magistrate, Khagaria, subject to
conditions as laid down under section 438 (2) Cr. P.C., and (i) That
one of the bailors will be a close relative of the petitioner, who will
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give an affidavit giving genealogy as to how he is related with the
petitioner. The bailors will undertake to furnish information to the
court about any change in the address of the petitioner, (ii) That the
affidavit shall clearly state that the petitioner is not an accused in
any other case and, if he is, he shall not be released on bail and
further the petitioner shall undertake to be represented on the first
date after cognizance if the investigation in the case is still pending
and in case he fails to do so, his bail bond will be liable to be
cancelled (iii) That the bailors shall also state on affidavit that they
will inform the court concerned if the petitioner is implicated in any
other case of similar nature after his release in the present case and
thereafter the court below will be at liberty to initiate the proceeding
for cancellation of bail on the ground of misuse, (iv) That the
petitioner will give an undertaking that he will receive the police
papers on the given date and be present on date fixed for charge and
if he fails to do so on two given dates and delays the trial in any
manner, his bail will be liable to be cancelled for reasons of misuse
and (v) That the petitioner will be well represented on each date and
if he fails to do so on two consecutive dates, his bail will be liable to
be cancelled.
JA/- (Anjana Prakash,J.)