Bibhanand Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30415 of 2019 Arising Out of PS. Case No.-117 Year-2017 Thana- SALAKHUA District- Saharsa ====================================================== Bibhanand Ram Son of Late Ram Lakhan Ram Resident of Village- Manori, P.S.- Sonbarsa Raj, District- Saharsa.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Ashok Kumar For the Opposite Party/s :

Mr. Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 07-05-2019 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

The petitioner is in custody in connection with Salkua P.S. Case No. 117 of 2017 for the offences under Sections 409, 420, 34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner has no criminal antecedent and he is in custody since 24.11.2018. He further submits that at the relevant time petitioner was Incharge headmaster of the school, the school was sanctioned Rs.9,02,199/- for construction work. He further submits that out of Rs.9,02,199/- sanction amount the petitioner has only withdrawn Rs.5/- lacs and out of Rs.5/- lacs work was completed upto Rs.2,34,354/- and the same was entered in measurement book. Instant case is of accounting and he is ready

Patna High Court CR. MISC. No.30415 of 2019(2) dt.07-05-2019 2/2 to deposit the amount which was not utilized by the petitioner for construction work after final measurement and accounting. Considering the fact that petitioner has no criminal antecedent, the Court is inclined to grant bail to the petitioner, let the petitioner, named above, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Court of learned Additional Chief Judicial Magistrate-IV, Saharsa in connection with Salkua P.S. Case No. 117 of 2017 with the condition that after release the opposite party shall under take fresh measurement and on completion of measurement and accounting he shall raised fresh demand for payment and on raising such demand the petitioner shall deposit the same in the state ex-chequer within a period of three months. (Anil Kumar Upadhyay, J) mdrashid/- U T