Arun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32098 of 2016 Arising Out of PS.Case No. -341 Year- 2015 Thana -GHOSI District- JEHANABAD ====================================================== Arun Kumar Son of Late Ramashray Prasad, reisdent of Village- Dumari, Police Station- Ghosi in the district of Jehanabad. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjeet Kumar For the Opposite Party/s : Mr. Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-09-2016 A supplementary affidavit has been filed on behalf of learned counsel for the petitioner. The same may be kept on the record.

Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case instituted under Sections 409 and 420 of the Indian Penal Code. The allegation against the petitioner is of misappropriation of an amount to the tune of Rs. 18, 23, 609/-, which has been given to him for the construction of 6 ACR, in the Financial Year 2011-12.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 03.06.2016. The charge sheet has been submitted in the present case. The petitioner has got no criminal antecedent. There is no allegation of tampering of

Patna High Court Cr.Misc. No.32098 of 2016 (4) dt.26-09-2016 2/2 witnesses alleged against the petitioner. The petitioner is named in the First Information Report. He is In-charge Headmaster of the School. He was given Rs. 18, 23, 609/- for construction work of the School. It has been submitted on behalf of learned counsel for the petitioner that the petitioner will complete the remaining work within a period of six months and he will submit the completion certificate in the court below.

On behalf of the state, it has been submitted that the petitioner is named in the F.I.R. and has misappropriated the public money.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on provisional bail for a period of six months on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Jehanabad, in connection with Ghosi P.S. Case No. 341 of 2015. The petitioner is directed to complete the construction work within a period of six months and file the completion certificate in the court below. If the said certificate is filed within the said period, the court below shall confirm the provisional bail granted to the petitioner.

(Sudhir Singh, J.) Amit/- U T