Ganga Prasad Raut v. The State Of Bihar
Patna High Court Cr.Misc. No.17715 of 2016 (2) dt.04-05-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.17715 of 2016 Arising Out of PS.Case No. -35 Year- 2016 Thana -PANDAUL District- MADHUBANI ======================================================
1. Ganga Prasad Raut son of Late Baldeo Raut, resident of Village- Nahar, Police Station- Pandaul, District- Madhubani. .... .... Petitioner
Versus
1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Ashok Kumar Karna, Advocate. For the Opposite Party : Mr. M.Rab (APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 04-05-2016 Heard learned counsel for the petitioner and learned A.P.P. for the State.
Petitioner apprehends his arrest in connection with Pandaul P.S. Case No. 35 of 2016 registered for offences punishable under Sections 420, 406, 409 and 34 of the Indian Penal Code.
The prosecution case is that the petitioner, the then Mukhiya of Panchayat Raj -Bhagwatipur, Block-Pandaul was allotted the work of repair of Middle School, Bhagwatipur (Uttarwari Bhawan) vide Project No. 1/2006-07. Against the repair of the said school, the petitioner was allotted a sum of Rs. 1,72,500/- but the petitioner showed repair work of Rs. 1,37,244/- and it is alleged that the petitioner along with one Abdul Kayum, Panchayat Secretary has embezzled the remaining sum of Rs. 35252/-. The allegation made in the F.I.R is that the petitioner had kept the said sum of Rs. 35,254/- without giving any
Patna High Court Cr.Misc. No.17715 of 2016 (2) dt.04-05-2016 knowledge of the work done for the long time. It has been submitted by the learned counsel for the petitioner that a sum of Rs. 35,254/- has been deposited in the Treasury on 27.04.2015 and as per the report of the Block Development Officer, Pandaul dated 22.09.2008 the repair work is complete and the school is running smoothly. It has further been submitted that the D.C.L.R. Sadar Madhubani has also given a report after inquiry on 25.08.2006 that the work done so far does not show any embezzlement.
However, learned A.P.P. for the State submits that the petitioner is named in the F.I.R, hence, opposed the prayer for bail.
Under such circumstances, let the petitioner above named, in the event of his arrest or surrender before the Court below within a period of eight weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhubani in connection with Pandaul P.S. Case No. 35 of 2016 subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Nilu Agrawal, J) Amit/- U T