Manoj Kumar v. The State Of Bihar
Patna High Court Cr.Misc. No.17315 of 2017 (5) dt.23-08-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.17315 of 2017 Arising Out of PS.Case No. -5 Year- 2016 Thana -BHAPATIYAHI District- SUPAUL ====================================================== Manoj Kumar, Son of Late Nandlal Yadav, Resident of VillageSadanandpur, Police Station- Bhaptiyahi, District- Supaul, at present Headmaster of Utkarmit Middle School, Sadanandpur. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Arun For the Opposite Party/s : Mr. Sri Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 23-08-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Bhaptiyahi P.S. Case No. 05 of 2016, registered under Sections 406, 409 and 420 of the Indian Penal Code.
The accusation is that, in the financial year 2010-11, Rs.6,76,575/- was released by the Government for construction of building in Higher Middle School, Sadanandpur, in which, petitioner was the Headmaster and he withdraw the said amount but the construction work was not completed and he misappropriated Rs.6,33,148/-.
Learned counsel for the petitioner submits that due to
Patna High Court Cr.Misc. No.17315 of 2017 (5) dt.23-08-2017 some unavoidable circumstances the construction work of the school building was not completed and now the construction work has been completed and reported about the completion of work to the District Programme Officer, Supaul, and thereafter the District Programme Officer informed to the Block Education Officer, through Memo No. 116 dated 08.02.2017 to prepare the pay bill of the month of January, 2016 as payment of the petitioner was stopped, which would appear from annexure 3 to the supplementary affidavit.
Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Supaul, in connection with Bhaptiyahi P.S. Case No. 05 of 2016, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T