Sikandar Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.860 of 2019 Arising Out of PS. Case No.-21 Year-2018 Thana- UPHARA District- Aurangabad ====================================================== Sikandar Paswan, son of Raksheya Paswan, resident of village and P.S.- Uphara, District-Aurangabad.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Santosh Kumar Pandey, Advocate For the Opposite Party/s :
Mr. Rajendra Singh Shastriji, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 16-01-2019 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in Uphara P.S. Case No. 21 of 2018 instituted for the offence under Section(s) 406, 420 Indian Penal Code.
It is alleged in the written report that petitioner, who was Head Master of Middle School, Khaira Salem School, has misappropriated the Government money amounting to Rs.10,16,138/- which was provided in financial year 2014-15 for construction of school building.
Counsel for the petitioner has pointed out Annexure-2, which is letter of the District Education Officer, Aurangabad, addressed to SHO, Uphara, Goh, that this petitioner has completed the work of Rs.7,98,518/-. Counsel for the petitioner further submits that construction could not be completed
Patna High Court Cr.Misc. No.860 of 2019(2) dt.16-01-2019 2/2 because of some dispute over the construction site. The petitioner undertakes that he will complete the leftover work within short period and hand over the possession of the school building to competent authority. Such statement has been made in para 12 of the petition.
In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Daudnagar, Aurangabad, in connection with Uphara P.S. Case No. 21 of 2018, subject to the condition that both the bailors shall be close relative of the petitioner. Petitioner is directed to complete the work within a period of eight months from the date of his release and handover the possession of the building to competent authority, failing which the Informant will be entitled to file appropriate petition for cancellation of bail bond of petitioner in Court below. (Sanjay Priya, J) J. Alam/- Rohit Kr.
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