Md. Safik Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32449 of 2020 Arising Out of PS. Case No.-149 Year-2017 Thana- CHANDAN District- Banka ====================================================== MD. SAFIK ALAM, S/o Md. Salimuddin R/o village- Jaipur, P.O.- Rahmandih, P.S.- Dhoraiya, District- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar Sinha For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 12-02-2021 Heard Mr. Pankaj Kumar Sinha, learned counsel for the petitioner and learned APP for the State. The petitioner seeks bail in anticipation of his arrest in connection with Chandan (Anandpur) P. S. Case No. 149 of 2017 dated 24.09.2017, instituted for the offences under Sections 409 and 420 of the Indian Penal Code.

The allegation against the petitioner is of having misappropriated some part of the amount which was disbursed for making construction of the school building of which he was the Headmaster. Admittedly, it has been argued that the work to the extent of Rs.

Patna High Court CR. MISC. No.32449 of 2020(2) dt.12-02-2021 2/3 6,00,000/- and odd has been completed.

The learned counsel for the petitioner submits that because of the scarcity of sand at the relevant time, the construction work could not be completed but later, after the superannuation of the petitioner from the post of Headmaster of the school, when the sand became available in the open market, the entire work has been concluded and about which intimation to the concerned authority has also been provided.

The petitioner has invested the entire amount meant for construction of the school building. Considering these facts, the petitioner, abovenamed, is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka, in

Patna High Court CR. MISC. No.32449 of 2020(2) dt.12-02-2021 3/3 connection with Chandan (Anandpur) P. S. Case No. 149 of 2017, subject to the conditions as laid down under Section 438 (2) Cr.P.C.

The application stands allowed.

(Ashutosh Kumar, J) skm/- U T