Pankaj Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.24520 of 2016 (2) dt.01-06-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24520 of 2016 Arising Out of PS.Case No. -14 Year- 2016 Thana -NANHPUR District- SITAMARHI ====================================================== Pankaj Kumar, S/o- Sri Bhuwneshwar Choudhary R/o- VillageBudhanagra, P.S.- Nanpur, District- Sitamarhi. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajeev Kumar Singh For the Opposite Party/s : Mr. S.M.Rahman(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 01-06-2016 Heard learned counsel for the petitioner and learned counsel appearing for the State.

2.

The petitioner is in custody since 17.04.2016 in connection with Nanhpur P.S. Case No. 14 of 2016 registered under Sections 409, 420 of the Indian Penal Code. 3.

Learned counsel appearing for the petitioner submits that petitioner is the Head Master, who has donated his own land for the purpose of construction of school building and the allegation against him that he has misappropriated the government money is not entirely correct as the money, which was to be used in the said construction, could not be utilized on account of the fact that the land in question was not registered in the State of Bihar in which the construction of building of school was to be made. It is further submitted that vide Annexure- 3 and 4 i.e. the

Patna High Court Cr.Misc. No.24520 of 2016 (2) dt.01-06-2016 report of the Block Education Officer clearly states that the land in question, where the site of construction of school has been fixed is in fact, water logged and as such, construction could not be carried out. It is further submitted that the petitioner would undertake construction as soon as the said registration was affected and that he shall make himself available before the court below at all material times and co-operate in the investigation as well as the trial of the case.

4.

Considering the aforementioned fact and also that the petitioner is the Head Master of the Government School, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand rupees only) with two sureties of the like amount each to the satisfaction of SDJM, Sitamarhi in connection with Nanhpur P.S. Case No. 14 of 2016. (Anjana Mishra, J.) U T Brajesh/-