High Court Patna High Court - Orders

Surya Deo Prasad vs The State Of Bihar on 26 August, 2011

Patna High Court – Orders
Surya Deo Prasad vs The State Of Bihar on 26 August, 2011
                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                    Cr.Misc. No.28645 of 2011
    Surya Deo Prasad, Son of late Rameshwar Mahto, Resident of Village Chakoti, PS Khanpur,
                                 District Samastipur ---- Petitioner
                                              Versus
                              The State Of Bihar ---- Opposite Party
                                                with
                                   Cr.Misc. No.28704 of 2011
    Ram Lakhan Mahto, Son of late Anup Lal Mahto, Resident of Village Rebara, PS Khanpur,
                                 District Samastipur ---- Petitioner
                                              Versus
                              The State Of Bihar ---- Opposite Party
                                             -----------

For the State : Mr. T. Sharma, A.P.P. (In Cr. Misc. No. 28645 of 2011)

2 26.8.2011 Heard learned counsel for the petitioners and the counsel

appearing on behalf of the State.

The Chairmen of the PACS have been made accused in

these two cases. It is submitted that in fact these two petitioners had

not handed over charge to the previous Chairmen.

Be that as it may, petitioners may hand over the books of

account etc. to the incoming Chairmen. If the petitioners hand over

the books of account etc. to the incoming Chairmen and take receipt

from the District Co-operative Officer, within a period of three

months from the date of receipt of this order, the Court below on filing

of the said receipt at the day of surrender will release the above named

petitioners on anticipatory bail in the event of their arrest or surrender

within a period of six weeks in connection with Khanpur P.S. Case

No. 1 of 2011 on furnishing bail bonds of rupees ten thousand each

with two sureties of the like amount each to the satisfaction of the

Chief Judicial Magistrate, Samastipur, subject to the conditions laid

down under Section 438(2) of the Cr.P.C.

2

These applications are disposed of.

In the mean time, no coercive steps shall be taken against

the above named petitioners in both the cases in connection with

Khanpur P.S. Case No. 1 of 2011 pending before the Chief Judicial

Magistrate, Samastipur.

Sanjay                                          (Sheema Ali Khan, J.)