Kameshwar Prasad Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.7949 of 2018 Arising Out of PS.Case No. -55 Year- 2017 Thana -SINGHIYA District- SAMASTIPUR ====================================================== Kameshwar Prasad Singh S/o Late Phulo Singh, R/o Village- Singhia, P.S.- Singhia, District- Samastipur.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ashok Kumar Mishra For the Opposite Party/s : Smt. Sahin Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 16-02-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Singhia P.S. Case No. 55 of 2017 registered under Sections 406 and 409/34 of the Indian Penal Code.
Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent. On perusal of Annexure- 2 and 3, it appears that the Block Education Officer has written a letter to the District Program Officer to the effect that the petitioner's gratuity and pension amount has been withheld due to the pendency of the construction work of school. However, the entire construction work of the school has been entrusted to co-accused Basant Kumar Singh and accordingly, he took the charge of the
Patna High Court Cr.Misc. No.7949 of 2018 (2) dt.16-02-2018 2/2 construction work and entire amount mentioned in the F.I.R. was spent by him. Hence, the allegation of misappropriation of the school fund against the petitioner is not made out. Having considered the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the A.C.J.M.-V, Rosera, Samastipur in connection with Singhia P.S. Case No. 55 of 2017, subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Arvind Srivastava, J) Shailendra/- U T