Rajnandan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15618 of 2018 Arising Out of PS.Case No. -102 Year- 2011 Thana -NABINAGAR District- AURANGABAD ======================================================

1. Rajnandan Paswan, S/o Late Balkeshwar Paswan, Resident of VillagePipra Line, P.S.- Nabinagar, District- Aurangabad. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Bhaskar Shankar For the Opposite Party/s : Mr. Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 05-04-2018 Heard the learned counsels for the parties.

The petitioner seeks bail in anticipation of his arrest in connection with Nabinagar P.S. Case No. 102/2011 dated 29.05.2011 instituted for the offence under Section 420/34 of the Indian Penal Code.

It has been alleged in the F.I.R. that some of the headmasters of Government Schools did not provide the AC/DC bill pertaining to allotment of money for construction of boundary wall, renovation of the school and expenses over sports items. The learned advocate appearing for the petitioner has submitted that the petitioner, in his capacity as headmaster of Primary School, Pipra, had not received any amount under the head of 'construction of boundary wall' or with respect to sports

Patna High Court Cr.Misc. No.15618 of 2018 (2) dt.05-04-2018 2/2 development. He had only received Rs. 40,000/- for the purpose of renovation of the school building for which AC/DC bill has already been submitted. It has further been submitted that in view of the document contained in Annexure-2 to the petition, it becomes very evident that no such amount was credited in the school department as there is no corresponding entry in the passbook of the school. Considering the fact that the allegation of misappropriation is only on the basis of suspicion and that also for non-deposit of AC/DC bill, the petitioner above named is directed to be released on bail, in the event of his surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on his furnishing bond in the sum of Rs.

10,000/- (Ten Thousand), with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Aurangabad in connection with Nabinagar P.S. Case No. 102/2011, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Ashutosh Kumar, J.) Rakhi U T