Subhash Chandra Deo v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.40543 of 2014 Arising Out of PS.Case No. -525 Year- 2013 Thana -KISHANGANJ District- KISANGANJ ======================================================
1. Subhash Chandra Deo Son of Late Baijnath Deo resident of villageBihara, P.S.- Bihara, District- Saharsa .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anil Kumar Mukund, Advocate. For the Opposite Party/s : Mr. Kanhaiya Kishore(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 26-03-2015 Heard Shri Anil Kumar Mukund on behalf of the petitioner and the learned APP.
The petitioner apprehends his arrest in Kishanganj P.S. Case No. 525 of 2013, registered for the offences punishable under Section 420 and other Sections of the Indian Penal Code. The petitioner is the retired Revenue Karamchari-cumPanchayat Secretary incharge, he along with Subodh Kumar Harijan the then Mukhiya was agent of Scheme No. 1/2010-11 for construction of PVC road. The petitioner and co-accused withdrew Rs. 5,00,000/- as advance for completion of work but when the inspection of the work was done it was found that the petitioner did work of only Rs. 2,94,097/- and the petitioner defalcated a sum of Rs. 2,63,403/-.
Learned counsel for the petitioner submits that the work
Patna High Court Cr.Misc. No.40543 of 2014 (2) dt.26-03-2015 2/3 to be completed in the year 2010-11. The petitioner completed the work, but no measurement was done. The D.D.C. inspected the site in the year 2013 and the Executive Engineer DRDA found that only work of Rs. 2,94,097/- was done, but no measurement was done about the earth work.
It appears that 515 fts. PVC work was to be completed, but on inspection it was found that the petitioner did the work of Rs. 2,94,097/-. Learned counsel for the petitioner has submitted that the petitioner is ready to deposit a sum of Rs. 2,63,403/- within three months.
Considering the facts aforesaid and the fact that if the petitioner above named deposits Rs. 1,00,000/- within one month, 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 learned Chief Judicial Magistrate, Kishanganj in connection with Kishanganj P.S. Case No. 525 of 2013, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. The petitioner is further directed to deposit the remaining amount in two installments within three months thereafter, if the petitioner does
Patna High Court Cr.Misc. No.40543 of 2014 (2) dt.26-03-2015 3/3 not deposit the entire amount within the aforesaid period, the court below shall cancel the bail bond of the petitioner. (Prabhat Kumar Jha, J.) KKSINHA/- U T