Om Prakash Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17791 of 2019 Arising Out of PS. Case No.-91 Year-2016 Thana- ARER District- Madhubani ====================================================== OM PRAKASH DAS Son of Ishnath Das Resident of Village - Parjuar, P.S.- Arer, District- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pradhan Murli Manohar Prasad Mr. Raj Kumar Goswami For the Opposite Party/s :
Mr.Ajay Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 26-03-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.
This is an application for grant of regular bail filed on behalf of the petitioner. Petitioner is in custody in connection with Arer PS Case No. 91 of 2016 for the alleged offence punishable under Sections 406, 409 and 420/34 of the Indian Penal Code.
Learned counsel representing the petitioner submits that petitioner has no criminal antecedent. Referring to the prosecution case, he submits that being the Incharge Headmaster petitioner was connected with construction of the school building. It is alleged that construction was not completed although petitioner has withdrawn Rs. 3 lakhs. Learned counsel
Patna High Court CR. MISC. No.17791 of 2019(2) dt.26-03-2019 2/2 submits that construction was made under Sarvasikhsa Abhiyan and the only issue involved is measurement and accounting. He further submits that petitioner is in custody since 23.01.2019. Considering the totality of the fact and circumstances indicated hereinabove, the Court is inclined to grant bail to the petitioner. The application is allowed.
Accordingly, let the petitioner above-named, 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 Sri P Kishor, J M 1st Class, Benipatti, Madhubani in connection with Arer PS Case No. 91 of 2016. (Anil Kumar Upadhyay, J) mrl./- U T