Ajay Mallik v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14315 of 2016 Arising Out of PS.Case No. -9 Year- 2016 Thana -BARARI District- KATIHAR ====================================================== Ajay Mallik, Son of Jitendra Kumar Mallik, resident of Village- Dilarpur, P.S.- Manihari, District-Katihar, presently posted as Headmaster, New Primary School Chukni, Barari, District-Katihar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Jha, Advocate For the Opposite Party/s : Mr. Awadhesh Kr.Singh(APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 26-07-2016 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is apprehending his arrest in connection with Barari P.S. Case No.9 of 2016 for allegedly having committed the offence under Section 409 of the Indian Penal Code.

Learned counsel for the petitioner submits that though the money has been released for construction of the school, only part thereof has been taken up and rest could not be taken up on account of some illegal encroachment. Learned counsel further submits that now the encroachment has been removed and the petitioner will complete the rest of the buildings within a period of nine months from today. He

Patna High Court Cr.Misc. No.14315 of 2016 (5) dt.26-07-2016 2/2 further submits that the work is already in progress and will be completed within the aforesaid period.

Considering the aforementioned facts and circumstances, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bond of `10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-V, Katihar, in connection with Barari P.S. Case No.9 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. It is made clear that if the petitioner does not complete the work within the period aforementioned, it shall be open to the prosecution to take appropriate steps, in accordance with law.

(Anjana Mishra, J) PNM U T