Satyendra Kant Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.176 of 2015 Arising Out of PS.Case No. -119 Year- 2013 Thana -NARPATGANJ DistrictARRARIA ====================================================== Satyendra Kant Thakur son of Late Laxmi Kant Thakur, resident of VillageDeviganj, P.S.- Narpatganj, District- Araria .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Manish Kumar No 13,Adv. For the Opposite Party/s : Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 18-03-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks bail in a case registered for the offence punishable under Sections 406, 409 & 420 of IPC. Allegation against the petitioner is that he has defalcated money from school fund.
It is submitted that the petitioner was the Headmaster of Balika Prarambhik Vidyalay, Narpatganj and the construction of three buildings was given to the School Siksha Samiti. No money was withdrawn by the petitioner. During investigation it has been found in paragraph 18 of the case-diary that a cheque of Rs.5,50,000/- was issued in favour of Nigam Enterprises, Harbisganj which was withdrawn by the Enterprises on 27.4.2012
Patna High Court Cr.Misc. No.176 of 2015 (4) dt.18-03-2015 2/3 and the balance-sheet of the school is Annexure-3. It also appears from paragraph 18 of the case-diary that no manipulation in the amount has been made by the petitioner, rather it was the resolution of the Ad hoc Education Committee of the School. During investigation, it has also been found that construction work of three building has been started but due to lack of fund the same has not been completed. The petitioner has no criminal antecedent and he has been in custody since 11.10.2014. However, after investigation charge-sheet has already been submitted against the petitioner.
Considering the facts and circumstances, the above named petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria/court concerned in Narpatganj P. S. Case No. 119 of 2013 corresponding to G. R. No. 945 of 2013 after framing of charge with following conditions:-
1. The petitioner will not indulge himself in similar or any other offence.
2. One of the bailors must be the close relative of the petitioner.
3. The petitioner will be well represented in the Court on each
Patna High Court Cr.Misc. No.176 of 2015 (4) dt.18-03-2015 3/3 and every date and in case of absence for two consecutive dates or in case of violation of terms of bail, his bail bond would be liable to be cancelled by the learned Court concerned.
(Amaresh Kumar Lal, J) Kanchan/- U T