Barun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45734 of 2014 Arising Out of PS.Case No. -74 Year- 2014 Thana -NAYA RAM NAGAR District- MUNGER ====================================================== Barun Kumar Son of Ram Bilash Prasad, Resident of Village - Milkichak No. 2, P.S. - Naya Ramnagar, District- Munger. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Indu Bhushan, Adv. For the Opposite Party/s : Mr. Narsing Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 16-04-2015 Heard both sides.

The petitioner seeks bail in Naya Ramnagar P.S. Case No. 74 of 2014, registered for the offences punishable under Sections 409, 420, 34 of the Indian Penal Code. The allegation is that for construction of seven rooms of the school Rs. 17,26,250/- was sanctioned. Siyasaran Saroj, the Incharge Headmaster and the petitioner being the senior teacher of the school withdrew the entire amount and did the construction work only of worth Rs. 9,05,317/-.

It is submitted that Siyasaran Saroj has already been enlarged on bail vide order dated 11.03.2015 passed in Cr. Misc. No. 4595 of 2015. It has come in Para 43 of the case diary that only Rs. 1434471/- was deposited in the account out of which Rs.

Patna High Court Cr.Misc. No.45734 of 2014 (4) dt.16-04-2015 2/2 1190325/- was withdrawn and on measurement it was found that work of Rs. 9,05,317/- was done and final measurement has not been done, but the petitioner and the headmaster are alleged to have misappropriated Rs. 2,44,145/- for that the petitioner is in jail for more than nine months and on similar facts, headmaster Incharge has already been enlarged on bail.

Considering the facts aforesaid, the petitioner above named 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 Additional Chief Judicial Magistrate, Munger in connection with Naya Ramnagar P.S. Case No. 74/2014.

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