Raj Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14289 of 2017 Arising Out of PS.Case No. -232 Year- 2016 Thana -DHURAIYA District- BANKA ====================================================== Raj Kumar Paswan, son of Moti Paswan @ Moti Lal Paswan, Resident of Village - Mathurapur, P.S. Dhoraiya, District- Banka .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ranjan Kumar Jha For the Opposite Party/s : Mr. Sri Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 27-04-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in connection with Dhoraiya P.S. Case No. 232 of 2016, registered for the offences punishable under Sections 409/420 of the Indian Penal Code.

Allegedly, the petitioner being teacher of Primary School, Dhoraiya, has taken advance of Rs. 7,50,000/- for construction of building, but he has constructed only for Rs. 6,16,303/- and balance amount of Rs. 133697/- remained due which was not deposited by the petitioner and then this case was lodged.

Submission is of false implication and that as soon as petitioner has got the knowledge, he has deposited the said amount

Patna High Court Cr.Misc. No.14289 of 2017 (2) dt.27-04-2017 2/2 through bank draft in the name of Bihar Education Pariyojana, Banka, vide Annexure-2 series on 06.02.2017 itself and, as such, the petitioner deserves sympathetic consideration. The learned A.P.P. fairly submits that from Annexure-2 series, it reveals that the petitioner has deposited the said amount through bank draft.

In the facts and circumstances as stated above, as the petitioner has already deposited the amount in question and, as such, the petitioner in the event of his arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-IV, Banka, in connection with Dhoraiya P.S. Case No. 232 of 2016, subject to the conditions as laid down in section 438(2) of the Cr.P.C. (Jitendra Mohan Sharma, J.) Rajiv/- U T