Vijay Kumar Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.55259 of 2017 (2) dt.24-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55259 of 2017 Arising Out of PS.Case No. -61 Year- 2001 Thana -BAHERI District- DARBHANGA ====================================================== Vijay Kumar Yadav, Son of Ramchandra Yadav, resident of VillageBalant, P.S.- Baheri & District- Darbhanga. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Rajesh Kumar Jha For the Opposite Party/s : Mr. Smt. Gulnar Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 24-11-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Baheri P.S. Case No. 61 of 2001, registered under Sections 406, 409 and 420 of the Indian Penal Code.

The accusation is that petitioner was appointed as Executing Agent of Scheme No. 1/1996-97 for construction of brick road from Baghaul N.R.E.P. Road to Kamla river under Sunischit Rajgar Yogana and took Rs.1,42,5000/- as advance in three installments but only completed the work of Rs.1,23,238/- and misappropriated remaining amount Rs.19,262/-. Learned counsel for the petitioner submits that, in fact, petitioner completed the total work, but due to dirty village

Patna High Court Cr.Misc. No.55259 of 2017 (2) dt.24-11-2017 politics he has falsely been implicated in this case with allegation of misappropriation of Rs.19,262/-. Moreover, the petitioner is ready to deposit Rs.19,262/-, which is said to be defalcated by him, to the concerned department within four weeks on protest. Having regard to the facts and circumstances of the case and submission of learned counsel for the petitioner, let the petitioner, Vijay Kumar Yadav, be released on bail, in the event of arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Darbhanga, in connection with Baheri P.S. Case No. 61 of 2001, subject to the condition as laid down under Section 438(2) of the Cr.P.C. and also on condition to submit the receipt regarding depositing of Rs.19,262/- to the concerned department. (Rajendra Kumar Mishra, J) Bhardwaj/- U T