Patna High CourtCR. MISC./3498/2019bail granted

Sanjay Kumar v. The State Of Bihar

2019-01-25Justice Smt. Nilu Agrawal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3498 of 2019 Arising Out of PS. Case No.-222 Year-2016 Thana- JAYNAGAR District- Madhubani ====================================================== Sanjay Kumar, aged about 40 years (Male), son of late Subansh Prasad Kant Resident of Village- Jai Nagar, P.S. Jai Nagar, District- Madhubani. ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gagan Deo Yadav, Advocate For the Opposite Party/s :

Mr.Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 25-01-2019 Heard the learned counsel for the petitioner and learned counsel appearing on behalf of the State. Petitioner is languishing in judicial custody since 06.10.2018 in connection with Jai Nagar P.S.Case No.222 of 2016 for the offence alleged under Sections 406, 409, 420, 120(b) and 34 of the Indian Penal Code.

The prosecution case as lodged on the written report of the Block Education Officer, Jai Nagar is that the petitioner who is a teacher was given charge of construction of school building but he has not reconciled the account and Rs.2,98,027/- is dues against him.

It has been submitted by the learned counsel for the petitioner that he is innocent, there is no criminal history and there was no breach of trust as the school building is complete,

Patna High Court Cr.Misc. No.3498 of 2019(2) dt.25-01-2019 2/2 children are taking education in the constructed building of the school. The construction work was for the financial year 201011 and the FIR has been lodged without reconciling the accounts. Now no dues certificate has already been issued. However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let the petitioner, above named be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Jai Nagar P.S.Case No.222 of 2016 to the satisfaction learned Sub Divisional Judicial Magistrate, Madhubani.

(Nilu Agrawal, J) B.Kr./- U T