Gautam Kumar @ Gautam Kumar Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50685 of 2018 Arising Out of PS.Case No. -152 Year- 2016 Thana -MADHUBANI TOWN DistrictMADHUBANI ======================================================
1. Gautam Kumar @ Gautam Kumar Jha, S/o Late Satyanarayan Jha, R/o Village - Bardahi, P.S. Babubarhi, District Madhubani. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Baidyanath Thakur, Prabhakar Thakur, Binod Kumar, Advocates For the Opposite Party/s : Mr. Damodar Prasad Tiwary, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 23-08-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in a case registered for the offences punishable under Sections 406, 420, 409, 467, 468, 471 and 120B/34 of the Indian Penal Code.
Allegation against the petitioner is of withdrawal of entire money meant for completion of construction of toilets under Swatch Bharat Scheme but did not complete the construction.
Submission is that the construction has already been completed by the petitioner after lodging of the FIR and this fact was considered by this Court at the time of consideration of prayer for anticipatory bail.
Patna High Court Cr.Misc. No.50685 of 2018 (2) dt.23-08-2018 2/2 If the petitioner has completed the work and investigation of the case is complete, there is no reason for further detention of the petitioner in this case, hence, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Madhubani Town Police Station Case No. 152 of 2016, subject to the condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner as well as condition that both the bailors shall be resident of within the territorial jurisdiction of the learned court below.
(Birendra Kumar, J) Kundan/- U T