Ashok Kumar @ Ashok Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.68109 of 2018 Arising Out of PS. Case No.-7 Year-2018 Thana- SIKARHATTA District- Bhojpur ====================================================== ASHOK KUMAR @ ASHOK SINGH son of Late Sudarshan Thakur, Resident of Village- Navadih, P.S. Sikarhatta, District Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dudh Nath Singh For the Opposite Party/s :

Mr. Sri Ashok Kumar Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 30-11-2018 Heard the parties.

The petitioner seeks regular bail in connection with Sikarhatta P.S.Case No.07 of 2018 dated 6.2.2018 registered for offences punishable under Sections 406, 409 and 420 of the Indian Penal Code.

Allegation is about defalcation of Rs.10,56,400/- which has been allotted for additional construction in the school building. The petitioner is the incharge headmaster of the school.

Submission of the learned counsel for the petitioner is that now the work has been completed which will appear from Annexure-3 and another co-accused has been granted bail vide order dated 10.10.2018 passed in Cr. Misc. No.55114 of 2018

Patna High Court Cr.Misc. No.68109 of 2018(2) dt.30-11-2018 2/2 by this Court and further the petitioner is in custody for more than four months.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned SDJM, Ara (Bhojpur) in connection with Sikarhatta P.S.Case No.07 of 2018.. With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and in the event of failure to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bond.

With the aforesaid observation, this application is allowed.

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