Santosh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35174 of 2019 Arising Out of PS. Case No.-162 Year-2017 Thana- BARHARA KOTHI District- Purnia ====================================================== Santosh Kumar, aged about 50 years, Male, Son of Prem Lal Mahto, Resident of Barhara, P.S.- Barhara, District- Purnea ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajit Kumar Singh, Advocate For the Opposite Party/s :
Mrs.Veena Rani Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-08-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Barhara P.S. Case No. 162 of 2017 registered for the offences punishable under Sections 409, 420 of the Indian Penal Code.
The prosecution case, in brief, is that in the financial year 2014-15 for construction of three rooms, petitioner had taken Rs. 14,00,000/- as an advance but in spite of sufficient fund did not complete the work. District Programme Officer vide letter no. 770 dated 18.07.2017 sent a reminder to the petitioner. Later on also direction was issued to the petitioner but till filing of the case, petitioner did not complete the work, but the learned counsel for the petitioner has submitted that the
Patna High Court CR. MISC. No.35174 of 2019(3) dt.07-08-2019 2/2 work is completed. He also submitted that from Annexure-2 of the bail petition, a certificate has been issued by the Incharge Headmaster and that the construction of three rooms of the school building has already been completed.
In the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M. IInd, Purnea in connection with Barhara P.S. Case No. 162 of 2017, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
(Anjani Kumar Sharan, J) Nasimul/- U T