Bishundev Urawn @ Bishnudev Urawn v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4203 of 2020 Arising Out of PS. Case No.-161 Year-2017 Thana- BARHARA KOTHI District- Purnia ====================================================== Bishundev Urawn @ Bishnudev Urawn s/o Kanchan Urawn, r/v- Baghawa, P.S.- Barhara, Distt- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amit Kumar Anand, Advocate For the Opposite Party/s :

Ms.Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-01-2020 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Barhara P.S. Case No. 161 of 2017, registered for the offence punishable under Sections 409 and 420 of the Indian Penal Code. Informant is Block Education Officer, Barhara, Purnea. It is alleged that petitioner being Incharge Head Master, Primary School Navtolia Baghwa had taken advance of Rs. 14,31,000/- in the financial year 2011-2012 for construction of four rooms in the said school, but petitioner did not complete the construction work and misappropriated government money. It is submitted by learned counsel appearing on behalf of petitioner that petitioner has falsely been implicated in this case. In fact, petitioner constructed the work under the supervision of Assistant Engineer who prepared the entry book,

Patna High Court CR. MISC. No.4203 of 2020(2) dt.23-01-2020 2/2 but unfortunately, the same was not adjusted by the department and the petitioner has falsely been implicated in this case. Charge-sheet has already been submitted. Petitioner claims no criminal antecedent and is in custody since 02.05.2018. Considering the facts aforesaid, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000 (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate Ist Class, Purnea in connection with Barhara P.S. Case No. 161 of 2017, subject to the following conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T