Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25703 of 2019 Arising Out of PS. Case No.-187 Year-2017 Thana- BANMANKHI District- Purnia ====================================================== AMIT KUMAR, aged about 46 years, Male, Son of Late Sobhan Rishidev Resident of Village - Ward No.08, Rasadh Rasarh, Fakuli, P.S.- Banmankhi, Distt.- Purnea ... Petitioner

Versus

The State of Bihar ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Satyavrat Verma, Adv.

For the Opposite Party :

Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 29-04-2019 Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the State. The petitioner is languishing in judicial custody since 08.02.2019 in connection with Banmankhi P.S. Case No. 187 of 2017 for the offences alleged under Sections 406 and 409 of the Indian Penal Code.

The prosecution case, as lodged by the Block Education Officer, Banmankhi, is that the petitioner who was the In-Charge of the Primary School, Rasad, was given Rs.8,00,000/- for construction of three rooms in the school building for the financial year 2009-10 under the Bihar Education Project-cum-Sarva Shikhsha Abhiyan, which had to be completed within one year, but, in spite of repeated reminders the said construction work had not been completed and it is alleged that a sum of Rs.4,83,779/- has been

Patna High Court CR. MISC. No.25703 of 2019(2) dt.29-04-2019 2/3 misappropriated by the petitioner.

It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and the District Programme Officer, Bihar Education Project Council Sarva Shikhsha Abhiyan, Purnea, has given a certificate on 27.02.2019 that the petitioner has completed the entire school construction building, which is Annexure 2, and the Block Education Officer, Banmankhi, has also written to the Officerin-Charge, Banmankhi Police Station, dated 06.03.3019, which is Annexure 3, that the petitioner has completed all the construction work of the school building. He submits that no offence has been committed and it was only on account of delay of construction work, which was beyond his control, the said allegation has been levelled.

However, the learned Additional Public Prosecutor for the State opposes the prayer for bail.

Considering the nature of allegations and that the petitioner is a Government servant and now the construction work has been completed, which is certified by the Block Education Officer, Banmankhi, and the District Programme Officer, Purnea, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten

Patna High Court CR. MISC. No.25703 of 2019(2) dt.29-04-2019 3/3 thousand) with two sureties of the like amount each in connection with Banmankhi P.S. Case No. 187 of 2017 to the satisfaction of the learned Chief Judicial Magistrate, Purnia, or the successor Court, subject to the condition that one of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner.

(Nilu Agrawal, J) Shamshad/- U T