Excerpt
in the high court of judicature at patna criminal miscellaneous no.42223 of 2011 alok kumar, son of kameshwar mahto ----- petitioner. versus the state of bihar ---opposite party ********* 02. 13.01.2012 heard learned counsel for the petitioner and learned additional public prosecutor for the state. the petitioner, apprehends his arrest in connection with musrigharari p.s. case no. 50/2011 for offences under sections 409, 420, 467, 468, 471 of the indian penal code, is one of the named accused in this case with allegation of committing some irregularities in payment of wages amongst the labourers absorbing the norms prescribed. submission is that all of the labourers have received the money, of course, under some compelling circumstances instead of individual payment in absence of opening of account in due time in their names. payment was made through their respective leaders and during inquiry no beneficiary has raised any complaint. considering the facts and circumstances of the case, in the event of his arrest or surrender within a period of four weeks, let the above-named petitioner be enlarged on bail on furnishing bail bond of sum of rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of chief judicial magistrate, samastipur, in connection with musrigharari p.s. case no. 50/2011, subject to condition under section 438(2) of the code of criminal procedure, and additional condition to attend the court regularly till disposal of the case, in the event of failure on two consecutive dates, without any reasonable explanation, the privilege granted shall be deemed to be cancelled. rajeev/- ( akhilesh chandra, j.)
Full Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.42223 of 2011 Alok Kumar, son of Kameshwar Mahto ----- Petitioner. Versus The State Of Bihar ---Opposite Party ********* 02. 13.01.2012 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner, apprehends his arrest in connection with Musrigharari P.S. Case No. 50/2011 for offences under Sections 409, 420, 467, 468, 471 of the Indian Penal Code, is one of the named accused in this case with allegation of committing some irregularities in payment of wages amongst the labourers absorbing the norms prescribed. Submission is that all of the labourers have received the money, of course, under some compelling circumstances instead of individual payment in absence of opening of account in due time in their names. Payment was made through their respective leaders and during inquiry no beneficiary has raised any complaint. Considering the facts and circumstances of the case, in the event of his arrest or surrender within a period of four weeks, let the above-named petitioner be enlarged on bail on furnishing bail bond of sum of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Samastipur, in connection with Musrigharari P.S. Case No. 50/2011, subject to condition under section 438(2) of the Code of Criminal Procedure, and additional condition to attend the court regularly till disposal of the case, in the event of failure on two consecutive dates, without any reasonable explanation, the privilege granted shall be deemed to be cancelled. Rajeev/- ( Akhilesh Chandra, J.)