Ramautar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20363 of 2017 Arising Out of PS.Case No. -28 Year- 2016 Thana -ANDHRAMATH District- MADHUBANI ====================================================== Ramautar Das son of Shri Jhari Lal Das resident of village - Kochanarwa, P.O. - Belhi Bhawanipur, P.S.- Laukhi, District - Madhubani. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Amrit Abhijat, Advocate For the Opposite Party/s : Sri Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 08-06-2017 Heard learned counsel for the petitioner and the State.

The petitioner is apprehending his arrest in connection with Andhramath P.S. Case No. 28 of 2016 for offences under Sections 406, 409 and 420/34 of the Indian Penal Code.

The allegation against the petitioner, as per the FIR, is that the amount sanctioned to the petitioner for the purpose of construction of the school building has not been properly utilized.

The petitioner files a supplementary affidavit enclosing the office order as contained in memo no. 1169 dated 24.5.2016 issued by the District Programme Officer,

Patna High Court Cr.Misc. No.20363 of 2017 (3) dt.08-06-2017 2/2 Madhubani which discloses in detail that the petitioner was asked to deposit the balance amount by way of a draft in favour of the undersigned and only thereafter payment of his salary will be made.

It appears that the present case pertains to only accounting and in that view of the matter, I am inclined to release the petitioner, above named, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-III, Jhanjharpur, District Madhubani or the successor Court in connection with Andhramath P.S. Case No. 28 of 2016, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Upadhyay, J) S.Pandey/- U T