Shailesh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51763 of 2016 Arising Out of PS.Case No. -217 Year- 2013 Thana -DESARI District- VAISHALI(HAJIPUR) ======================================================

1. Shailesh Kumar Singh Son of Late Laxmi Naraian Singh Resident of Village-Chamrahara, P.S. Mahnar, District Vaishali .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Neeraj Kumar Alias Sanidh, Adv. For the Opposite Party/s : Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 09-02-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 406/409/420 of the Indian Penal Code.

Allegation against the petitioner is that while he was In-Charge Headmaster of the referred school, money was allotted for construction of the school building and incomplete work was performed and entire money was withdrawn.

Submission of the petitioner is that the authorities have found that construction was done up to the roof level and roofing was required for which the petitioner had already purchased the materials, which would be evident from the receipts

Patna High Court Cr.Misc. No.51763 of 2016 (4) dt.09-02-2017 2/2 of purchase enclosed with the supplementary affidavit. He further submits that Annexure-3 would reveal that the successor Headmaster reported to the authorities that the building material for further construction in school premises was there. However, antisocial elements are threatening the labourers to perform the work and they have committed theft of building materials. Considering the facts and circumstances of this case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Mr. Aditya Pandey, J.M., 1st Class, Vaishali at Hajipur/Successor Court in connection with Desari (Sahdei O.P.) Police Station Case No.217 of 2013, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Birendra Kumar, J) Mkr./- U T