Shankar Ram @ Shankar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50337 of 2016 Arising Out of PS.Case No. -1 Year- 2016 Thana -BAUSI District- PURNIA ====================================================== SHANKAR RAM @ SHANKAR KUMAR Son of Pritam Ram R/o Bakhariya, P.S. Baisi, District Purnea.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-11-2016 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted under Section 409 of the Indian Penal Code.

Allegation against petitioner is of embezzlement of money which was allotted for construction of school building. It has been submitted on behalf of petitioner that he has falsely been implicated in the present case. He is in custody since 31.5.2016. Chargesheet has been submitted against petitioner. There is no allegation of tampering of witnesses against petitioner. He has been made accused due to mistake of fact. It is further submitted that petitioner may be granted provisional bail for a period of six months from the date of his release and during this period he will complete the remaining construction work of the school.

On behalf of the State, it is submitted that petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the above named petitioner be released on provisional bail for a period of six months from the date of his release on furnishing bail bond

Patna High Court Cr.Misc. No.50337 of 2016 (2) dt.25-11-2016 2/2 of Rs. 10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea, in connection with Baisi P.S. Case no. 1 of 2016.

It is further directed that petitioner shall complete the construction work of the school within the period of six months. The competent authority shall make inspection in respect to the completion of work and issue completion certificate. If petitioner produces the said completion certificate before the court below, it shall confirm the provisional bail granted to petitioner. If he fails to do so, the provisional bail granted to petitioner shall be cancelled by the court below itself.

(Sudhir Singh, J) sudip/- U T