Upendra Prasad Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31308 of 2015 Arising Out of PS.Case No. -99 Year- 2014 Thana -BAUNSI District- ARRARIA ======================================================

1. Upendra Prasad Mandal son of Biso Mandal resident of Village - Singhia, Police Station - Sri Nagar, District - Purnea. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Shailendra Kumar Singh, Adv. For the Opposite Party/s : Mr. Narsing Tanti(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 4.

27-01-2016 Heard both sides.

The petitioner is apprehending his arrest in connection with Bousi P.S. Case No. 99/2014, registered for the offences punishable under Section 409 and 420 of the Indian Penal Code. Case diary in the present case was called for which has since been received.

Learned counsel for the petitioner submits that mischief of Section 409 can not be attracted in the present case and the concerned authorities have issued completion certificate stating that the petitioner Upendra Prasad Mandal had presently completed the work for construction though admittedly, the petitioner had not completed the work during his tenure as Incharge headmaster.

Considering the fact that co-accused Mantani Devi has

Patna High Court Cr.Misc. No.31308 of 2015 (4) dt.27-01-2016 2/2 now been extended the privilege of regular bail and that also the work has been completed and petitioner has already been superannuated, 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, is directed to be enlarged 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 Sri Manoj Kumar, Judicial Magistrate Ist Class, Araria in connection with Bousi P.S. Case No. 99/2014, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Anjana Mishra, J.) Vinita/- U T