Munendra Kumar @ Munendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34783 of 2019 Arising Out of PS. Case No.-196 Year-2018 Thana- SITAMARHI District- Nawada ====================================================== MUNENDRA KUMAR @ MUNENDRA SINGH Son of Late Krishna Singh Resident of Village- Katghara, Police Station- Sitamarhi, District- Nawada. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Vibhuti Ranjan Sonvadra, Advocate For the Opposite Party :

Mr.Md. Ataur Rahman, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 30-05-2019 Heard learned counsel for the petitioner as well as learned counsel for the State.

Petitioner apprehends arrest in a case registered for the offences punishable under Sections 420/467 and other allied sections of the Penal Code.

It is alleged that the petitioner, being a Government teacher, took advance of Rs.5,85,000/- for construction of two additional rooms of Katghara Middle School but he completed construction work of Rs.1,69,000/-only and thus defalcated Rs.4,16,000/-.

Contention of the petitioner is that till filing of the FIR though the work was not completed but later on he completed the entire work and no objection certificate has also been issued to this effect by the District Programme Officer, Nawada dated 27.12.2018 (Annexure 2). In turn, District

Patna High Court CR. MISC. No.34783 of 2019(2) dt.30-05-2019 2/2 Programme Officer, Primary Education cum Sarva Shiksha Abhiyan, Nawada has also informed the Officer in charge, Sitmarhi (Meskaur) vide letter dated 27.12.2018 about no dues against the petitioner. He submits that by now not a single paise of the Department is due with him. Petitioner has no criminal antecedent.

Considering the facts of the case, let the petitioner, above named, in the event of arrest/surrender before the Court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Nafwada in Sitamarhi Police Station Case No. 196 of 2018, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully co-operate with the investigation and trial of the case, failing which the Court below shall be at liberty to cancel the bail bond of the petitioner.

(Prabhat Kumar Singh, J) Shashi U T