Krishna Nand Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22506 of 2016 Arising Out of PS.Case No. -67 Year- 2015 Thana -NAWANGAR District- BUXAR ======================================================

1. Krishna Nand Singh son of Late Chander Singh resident of Village+P.O.- Brahampur, P.S.- Brahampur, District- Buxar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhirendra Singh For the Opposite Party/s : Mr. Shailendra Kumar Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 25-05-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.

The petitioner seeks bail in a case for the offences punishable under sections 406, 409 and 420 of the I.P.C Allegedly, the petitioner being Panchayat Secretary withdrew the amount of Rs. 17,57,500/- for construction of building of Red Rose Girls High School but the measurement book has been submitted only for Rs. 11,43,066/- and amount of Rs. 6,14,433/- remains due against the petitioner and inspite of the notice neither the petitioner returned the amount nor he has completed the work.

Submission is of false implication and that the petitioner is a government servant and was transferred in Simri Block, he has completed the work but inspite of several letters

Patna High Court Cr.Misc. No.22506 of 2016 (2) dt.25-05-2016 2/2 written by the Block Development Officer, Nawanagar the Junior Engineer did not measure the construction work and failed to submit the measurement book, the Block Development Officer has written to the Executive Engineer also in this regard but of no result, resulting the petitioner is suffering in custody since 17.02.2016, charge sheet has already been submitted and there is no chance of tampering with the prosecution evidence. The learned A.P.P. opposes prayer for bail.

In the facts and circumstances as stated above, considering submissions of the parties, the 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 C.J.M. Buxar in Nawanagar P.S. Case No. 67 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) Abhay/- U T