Binod Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38150 of 2014 Arising Out of PS.Case No. -285 Year- 2014 Thana -FORBESGANJ District- ARRARIA ======================================================

1. Binod Kumar Singh Son of Late Ram Briksh Yadav resident of villageManikpur, Police Station- Fulkaha Prakhand Narpatganj in the district of Araria .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raj Kumar For the Opposite Party/s : Mr. Indra Kumar Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-01-2015 Heard both sides.

The petitioner seeks bail in a case registered under sections 409, 420 of the of the Indian Penal Code. In sum and substance the informant Block Development Officer made allegation that the Collector made surprise inspection of different scheme on 21.06.2014 and found the work incomplete. The petitioner was appointed as an executing agent of all the twenty schemes of 13th Finance Commission. Rs. 1, 72,00000/- and odd were financed to the petitioner.

The learned counsel for the petitioner has submitted that during the course of investigation the investigating officer seized the measurement book and found that the petitioner had executed works of thirteen schemes out of twenty scheme allotted to him and did work of Rs.1,40,00000/-. The petitioner is yet to work worth Rs. 3200000/- out of

Patna High Court Cr.Misc. No.38150 of 2014 (3) dt.21-01-2015 2/2 the advanced money to complete the entire work. Learned counsel for the petitioner undertakes that the petitioner will complete the entire works within six months from the date of his release on provisional bail.

Considering the facts and circumstances of the case, the petitioner is directed to be released on provisional bail for a period of six months on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of Chief Judicial Magistrate Araria in Forbesganj P.S. Case No. 285 of 2014, subject to the condition that one of the bailors shall be the Govt. employee and on the condition that the petitioner shall complete the entire work within six months and submit a report to the District Magistrate, Araria, who after inspection submit a report to the learned court below so that the provisional bail of the petitioner shall be confirmed. If the petitioner does not complete the work within the stipulated time the provisional bail granted to the petitioner shall be cancelled.

(Prabhat Kumar Jha, J) M.Rahman/- U T