Raj Narain Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38218 of 2015 Arising Out of PS.Case No. -6 Year- 2014 Thana -KOILWAR District- BHOJPUR ====================================================== Raj Narain Singh S/o Satyendra Narayan Singh, Resident of VillageKulharia, P.S.- Koelwar, District- Bhojpur. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Narbadeshwar Prasad Singh For the Opposite Party/s : Mr. M.Rab(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 22-09-2015 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 409, 420 and 406 of the Indian Penal Code.

The prosecution case is that the petitioner being the Headmaster Upgraded Middle School, Katkera withdrew Rs.5,07,000/- for construction of special residential training centre but neither the training centre was constructed nor the money was returned to the Govt.

It is submitted by learned counsel for the

Patna High Court Cr.Misc. No.38218 of 2015 (2) dt.22-09-2015 2/3 petitioner that the petitioner purchased the construction material but the said training centre was not constructed since villagers opposed because the compensation was not paid to the land owner for the land acquired for the construction of the training centre. Moreover, the petitioner met with a road accident on 11.02.2013 and his leg was fracture. It is further submitted that the petitioner deposited Rs.1,00,000/- in the account of school in Punjab National Bank, Koilwar Branch and is ready to deposit the remaining amount within a period of six months.

Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail provisionally for seven months in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Koilwar P.S. Case No. 06 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

The provisional bail of the petitioner will be confirmed by the learned court below on giving proof with regard to the deposit of Rs.1,00,000/- in the account of the

Patna High Court Cr.Misc. No.38218 of 2015 (2) dt.22-09-2015 3/3 school on 23.09.2014 and deposit of Rs.4,07,000/- in the account of the school.

(Dinesh Kumar Singh, J) DKS/- U T