Chandeshwari Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21464 of 2019 Arising Out of PS. Case No.-42 Year-2017 Thana- BASANHI District- Saharsa ====================================================== Chandeshwari Paswan, Son of Late Ayodhi Paswan, Retired Head Master of Middle School, Mahua Bazar, Anchal- Sonbarsa, District- Saharsa and at present residing at Village- Khara Budhama, P.S.- Udakishunganj, DistrictMadhepura (Bihar). ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Anant Kumar 1, Advocate For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-05-2019 This is an application for grant of anticipatory bail in connection with Basnahi P.S. Case No.42 of 2017, disclosing offences under Sections 420 and 406/34 of the Indian Penal Code.

Allegation as per F.I.R. against the petitioner is that an amount of Rs.4,31,199/- allotted to the School of the petitioner and petitioner was Headmaster in the year 2006-07. The work had not completed and the petitioner misappropriate the government money.

Submission of the learned counsel for the petitioner is that this case has been lodged after more than 10 years and

Patna High Court CR. MISC. No.21464 of 2019(2) dt.09-05-2019 2/3 petitioner is superannuated from his service and he has already completed the work of Rs.4,39,939/-. He has annexed several papers in support of his contention and the case against the petitioner is wholly false and concocted. Further submission is that the petitioner has no criminal antecedent. It has further been submitted that on enquiry if any amount is found to be due with the petitioner, he is ready to return the same. Heard learned A.P.P. also.

Having heard both sides, considering the above submission, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of Shri M.K.Shrivastava, A.C.J.M.-III, Saharsa, in connection with Basnahi P.S. Case No.42 of 2017, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure. This is further subject to the condition that he will cooperate with the Investigating Officer and produce all the papers to the Investigating Officer and will examine the same and even in spite of that if there is some dues is due either against the petitioner or to the authority concerned, the same be

Patna High Court CR. MISC. No.21464 of 2019(2) dt.09-05-2019 3/3 returned within a reasonable time.

With the aforesaid observations, this application is disposed of.

(Vinod Kumar Sinha, J) sunil/- U T