IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No.1100 of 2011
Manoj Kumar Thakur .... Petitioner
Versus
The State of Jharkhand ...O.P.
Coram : The Hon'ble Mr. Justice Narendra Nath Tiwari
For the Petitioner : Mr. A.K.Sahani, Advocate
For the O.P. : APP
-----
2/15.03.2011
The petitioner is an accused in the case registered for the offence under
sections 409, and 406/34 of the Indian Penal Code.
Learned counsel for the petitioner submitted that the petitioner has been
falsely implicated in the case due to enmity and personal grudge; even the
allegation made in the F.I.R. is taken as it is, no offence under sections 406 and
409 of I.P.C. is constituted against the petitioner; the petitioner has not misused
or misappropriated the amount; he has deposited the amount in the account of
the district Cooperative; so far as releasing the amount for the purpose of
construction of the School building by the petitioner is concerned, he was no
more Chairman and, as such, he had no power or authority to release the
amount; petitioner is in custody since December,2010; petitioner is a local
permanent resident; there is no chance of his absconding.
Learned APP opposed the prayer for bail of the petitioner and submitted
that the allegation against the petitioner is that he did not release the whole
amount for construction of the School building. However, he has not disputed
the other contentions of learned counsel for the petitioner.
Regard being had to the facts and circumstances of the case, the above
named petitioner is directed to be released on bail on furnishing bail bond of
Rs.10,000/-(ten thousand) with two sureties of the like amount each to the
satisfaction of learned Additional Chief Judicial Magistrate, Bermo at Tenughat
in connection with Petarwar P.S. case no.86 of 2010, corresponding to G.R.
no.870 of 2010.
( Narendra Nath Tiwari, J.)
s.b.