Patna High CourtCR. MISC./37039/2017disposed

Baban Kumar @ Baban Kumar Singh v. The State Of Bihar

2017-09-01Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37039 of 2017 Arising Out of PS.Case No. -138 Year- 2015 Thana -SHAKURABAD District- JEHANABAD ======================================================

1. Baban Kumar @ Baban Kumar Singh Son of Late Dileshwar Sinha, R/o Village- Bandhu Bigha, P.S.- Mahendia, District- Arwal. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jogendra Kumar For the Opposite Party/s : Mr. Sri Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-09-2017 Heard the parties.

This application is for grant of regular bail in connection with Shakurabad P.S.Case nO.138 of 2015 , registered for the offences punishable under Sections 420, 406, 409/34 of the Indian Penal Code.

Allegation against the petitioner is of defalcation of government money allotted to the petitioner for construction of school building.

Submission of the learned counsel for the petitioner is that as a matter of fact he could not submit accounting in time as such the present case has been lodged and now he has submitted accounting and he is in custody for about two months.

Patna High Court Cr.Misc. No.37039 of 2017 (3) dt.01-09-2017 2/2 Heard learned A.P.P. also, who has opposed the prayer for bail.

Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant bail to the petitioner, as such this application is disposed of with direction to the learned court below that once the charge is framed against the petitioner or the petitioner completes four months period in custody, whichever is earlier, the learned court below shall release him on bail in connection with Shakurabad P.S.Case no.138 of 2015 to his own satisfaction.

With the aforesaid observation, this application is disposed of.

(Vinod Kumar Sinha, J) chn/- U T