Md. Liyas Ansari v. The State Of Bihar

Patna High Court Cr.Misc. No.1704 of 2017 (3) dt.08-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1704 of 2017 Arising Out of PS.Case No. -354 Year- 2016 Thana -MANER District- PATNA ====================================================== Md. Liyas Ansari, son of Late Md. Lukman Ansari, at present Incharge Headmaster of Primary School Chhotki Kathautiya, P.S. Maner, DistrictPatna and resident of Village- Neura, P.S.- Bihta, District- Patna. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Rudra Deo For the Opposite Party/s : Mr. Smt. Gulnar Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 08-02-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner apprehends his arrest in connection with Maner P.S. Case No. 354 of 2016 registered for the offences punishable under Sections 420 and 409 of the Indian Penal Code. Allegedly, amount of Rs. 7,75,000/- was given as advance to construct room in Primary School Chotki Katauthiya, Maner in the year 2008-09 but only brick work has been done and after measurement there must be balance amount of Rs 5,16,840/- but the work is not being done and as such the petitioner being the present Incharge Headmaster has also been implicated with retired Headmaster Ravindra Parneet.

Submission is of false implication and that the petitioner has given his explanation on 03.02.2011 vide annexure-2A stating

Patna High Court Cr.Misc. No.1704 of 2017 (3) dt.08-02-2017 that in the total amount only Rs. 2,75,000/- is deposit in the account and rest amount has been withdrawn by Ravindra Parneet during his tenure and in amount of Rs. 2,75,000/- the work cannot be completed, resulting, the petitioner has not started the work. If any embezzlement has been done then, for that Ravindra Parneet retired headmaster is responsible and not the petitioner because he left only Rs. 2,75,000/- in the account of the school. Learned APP submits that investigation is going on and the petitioner is named in the first information report.

In the facts and circumstances stated above, considering the submission and annexure-2A, the petitioner above named, in case of his surrender or arrest within four weeks from the date of receipt/production of a copy of this order, shall be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri Randhir Kumar, J. M. Ist Class, Danapur, Patna in connection with Maner P.S. Case No. 354 of 2016, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) avin/- U T