Anil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8617 of 2017 Arising Out of PS.Case No. -145 Year- 2016 Thana -NABINAGAR District- AURANGABAD ====================================================== Anil Kumar, son of Late Parmanand Kumar, Residence of VillageKhutahan, P.S.- Haspura, Distt- Aurangabad. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar Sharma For the Opposite Party/s : Mr. Sri Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 25-04-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner is languishing in custody for the offences punishable under Sections 409 and 420 of the Indian Penal Code. Petitioner was principal of the school where fund was allotted for construction of the school building. Partial construction was made and there is allegation of misappropriation of the remaining amount.

Submission of the petitioner is that the petitioner is still ready to complete the work or refund the remaining amount. In the FIR there is a chart showing the performance of work by the petitioner and non-performance thereof. The petitioner shall deposit the remaining amount after deducting the

Patna High Court Cr.Misc. No.8617 of 2017 (4) dt.25-04-2017 amount which has already been spent for construction of the school building as mentioned in the chart and thereafter the court below shall release the petitioner on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad/Successor Court, in connection with Nabinagar P.S. Case No.145 of 2016, with condition that petitioner shall fully cooperate with the investigation and trial of the case, failing which the Court below shall be at liberty to take steps for cancellation of the bail bonds of the petitioner in this case. (Birendra Kumar, J) Arvind/- U T