Shariful Hussain @ Md. Shariful Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27109 of 2017 Arising Out of PS.Case No. -1 Year- 2017 Thana -NANHPUR District- SITAMARHI ====================================================== Shariful Hussain @ Md. Shariful Hussain, son of Suleman Ryne, Resident of Village- Tehwara, P.S.- Katra, District- Muzaffarpur, the Teacher, Nationalized Middle School, Sirsi, Block- Nanpur, District- Sitamarhi. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Pushpendra Kumar Singh For the Opposite Party/s : Mr. Sri Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 01-07-2017 Heard learned counsel for the petitioner and the State.

The petitioner is in custody in connection with Nanpur P.S. Case No. 01 of 2017 for the offences under Sections 420 and 409 of the Indian Penal Code.

The petitioner is in custody since 31st March, 2017. From perusal of the FIR it appears that the petitioner has been made accused on the ground that he was not in a position to complete the work of construction of building of Nationalized Middle School, Sirsi, Nanpur, District- Sitamarhi for which fund was allocated. In para-15 of the petition statement has been made on behalf of the petitioner that an amount of Rs. 7,10,000/- was

Patna High Court Cr.Misc. No.27109 of 2017 (2) dt.01-07-2017 2/2 utilized for the construction work and the remaining amount of Rs. 2,19,000/- has remained in the account.

It is submitted o behalf of the petitioner that no offence as alleged has been Committed by the petitioner. In the peculiar facts and circumstances, it appears that it is a case of accounting, let the petitioner, above named, be released 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 Sub-Divisional Judicial Magistrate, Pupri, Sitamarhi or the successor Court in connection with Nanpur P.S. Case No. 01 of 2017, subject to the condition that the petitioner will extend full cooperation in conclusion of the trial and will not, in any manner, influence the witnesses.

(Anil Kumar Upadhyay, J) S.Pandey/- U T