Patna High CourtCR. MISC./45378/2016bail granted

Naveen Kumar @ Navin Kumar v. The State Of Bihar

2016-12-15Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45378 of 2016 Arising Out of PS.Case No. -13 Year- 2016 Thana -TARIYANI CHOWK District- SHEOHAR ======================================================

1. Naveen Kumar @ Navin Kumar son of Sri Ram Anup Sharma Resident of village - Narma, P.S. - Hathauri, District - Muzaffarpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Anita Kumari For the Opposite Party/s : Mr.Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-12-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This is an application for anticipatory bail for the offences under Sections 406 and 409 of the Indian Penal Code. The allegation against the petitioner is embezzlement of fund allotted to the petitioner for construction work of the school. It has been submitted on behalf of the petitioner that at the time of lodging of the F.I.R. the construction work was not completed but later on the petitioner had finished the construction work and to this effect, a certificate has been given by concerned authority which has been annexed as Annexure-2 to this petition. Heard learned APP appearing for the State who could not controvert this fact.

Patna High Court Cr.Misc. No.45378 of 2016 (2) dt.15-12-2016 Having heard both sides and in view of the fact that the petitioner has completed the construction work allotted to him as contained in Annexure-2, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Sheohar in connection with Tariyani P.S. Case No. 13 of 2016 after verification of certificate (Annexure-2) filed by the petitioner, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure and further that the petitioner will cooperate with the investigation of the case.

(Vinod Kumar Sinha, J) A.I./- U