Manoj Paswan Manoj Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32528 of 2019 Arising Out of PS. Case No.-411 Year-2017 Thana- AHIYAPUR District- Muzaffarpur ====================================================== MANOJ PASWAN MANOJ KUMAR PASWAN Son of Narayan Paswan Resident of Village - Kharauna, P.S.- Sadar, District - Muzaffarpur, presently residing at Village - Patahi Chowk, Subhankarpur, P.S.- Patahi, DistrictMuzaffarpur, the then Headmaster in Govt. Primary School Manjhauliya Musahartola, Block- Bochahan, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Kumar Mishra For the Opposite Party/s :

Mr.Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-05-2019 Heard learned counsel for the parties.

The petitioner is apprehending his arrest in connection with Ahiyapur P.S.Case No.411 of 2017 dated 2.6.2017 , registered for offences punishable under Section 409 of the Indian Penal Code.

Prosecution story as per FIR is that the petitioner was Incharge headmaster of the Primary School, Manjhaulia, and he has defalcated amount of Rs.4,03,073/- allocated for construction of boundary wall and kitchen set. Submission of the learned counsel for the petitioner is that as a matter of fact two cases have been lodged with respect to above allegation one by B.E.O. and the present one lodged by the Junior Engineer and in the case lodged by the

Patna High Court CR. MISC. No.32528 of 2019(2) dt.17-05-2019 2/2 B.E.O., the Co-ordinate Bench of this Court, vide order dated 11.3.2019 passed in Cr. Misc. No.14598 of 2019 has granted conditional bail to the petitioner.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the court be32528low within a period of six weeks from the date of receipt of order be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Muzaffarpur in connection with Ahiyapur P.S.Case No.411 of 2017 dated 2.6.2017, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure. With the aforesaid direction, this application is allowed.

(Vinod Kumar Sinha, J) chn/- U T