Mohan Prasad @ Mohan Prasad Chourasia v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 60425 of 2017 Arising Out of PS.Case No. -79 Year- 2016 Thana -RIVILGANJ District- SARAN ====================================================== Mohan Prasad @ Mohan Prasad Chourasia S/o Late Ganga Prasad, R/o Mohalla- Hospital Chowk, P.S.- Bhagwan Bazar, District- Saran, Chapra. .... .... Petitioner/s

Versus

The State of Bihar .... Opposite Party/s ====================================================== For the Petitioner/s : Mr Abhay Kumar Singh, Advocate For the Opposite Party/s : Mr Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 21-12-2017 Heard counsel for the petitioner and the State. Petitioner is accused in Rivilganj Police Station Case No 79 of 2016 dated 03.05.2016 registered for the offence punishable under Section 409 of Indian Penal Code. First information report alleges that some funds to the tune of Rs 13,50,000/- have been misappropriated by the petitioner who was entrusted with the construction work of school building as additional class rooms were not constructed by the petitioner.

Counsel for the petitioner draws attention of this Court to Annexure 3 of the application on the basis of which the District Programme Officer, on his application dated 22.03.2016, had extended the time for construction of additional four class rooms by ten months but just two months thereafter, the first information report has been lodged.

Patna High Court Cr.Misc. No.60425 of 2017 (2) dt.21-12-2017 2/2 granted by the District Programme Officer, the allegation is baseless and he is in custody in connection with this case since 07.06.2017 and prior to the instant case, there is no criminal antecedent of the petitioner.

Considering the aforesaid submission, prayer for bail is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate VIII, Saran at Chapra in connection with Trial No 1111 of 2017 arising out of Rivilganj Police Station Case No 79 of 2016 dated 03.05.2016 subject to the following conditions:

(1) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(2) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U T