Shambhu Nath Biswas v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27021 of 2016 Arising Out of PS.Case No. -35 Year- 2016 Thana -KADWA District- KATIHAR ======================================================

1. Shambhu Nath Biswas S/o Shri Chitranjan Biswas, R/o Village Kachora, P.S.- Kadwa, District- Katihar, at presently posted as Assistant Headmaster of Singhara Toli, South (Kadwa), district- Katihar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shailendra Kumar Singh Mr. Chhote Lal Mishra For the Opposite Party/s : Mr. Sri Rana Randhir Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 01-09-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with a case registered for the offences punishable under Sections 409 of the Indian Penal Code.

A supplementary affidavit has been filed today bringing on record the bank draft by which the petitioner had returned the amount of Rs. 7,88,200/- to the District Programme Officer of Sarva Shiksha Abhiyan, Katihar. It is submitted that the rest of the amount will be returned by the petitioner to the District Programme Officer, Katihar within a period of six months from today. As such, the offer has been made by the petitioner and that he undertakes to return the rest amount which stands due to the

Patna High Court Cr.Misc. No.27021 of 2016 (4) dt.01-09-2016 P2/2 informant within the period aforementioned.

In view of the above, let the petitioner, in the event of his arrest / surrender within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Katihar, in connection with Kadwa P.S. Case No. 35/2016, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

It is made clear that if the petitioner does not honour his undertaking, it shall be open to the Court below to proceed in accordance with law for cancelling the order passed by this Court seeking modification of this order passed or moving this Court for cancellation of the bail.

(Anjana Mishra, J) Saif/- U T