Mahesh Narayan Choudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.45374 of 2016 Arising Out of PS.Case No. -18 Year- 2016 Thana -KISHUNPUR District- SUPAUL ======================================================
1. Mahesh Narayan Choudhary son of Late Nirash Kant Choudhary resident of Village : Mahishi, P.S.: Mahishi, District : Saharsa, the then Head Master of Middle School, Phoolwariya, District : Supaul. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sameer Ranjan For the Opposite Party/s : Smt. Gulnar Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-12-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
This is an application for anticipatory bail for the offences under Sections 406, 409, 420 and 34 of the Indian Penal Code.
The allegation against the petitioner is that the petitioner has embezzled the government money of Rs. 2,43, 435/- which was entrusted to him for construction of work. It has been submitted on behalf of the petitioner that the petitioner is ready to deposit the said amount. Heard learned APP appearing for the State who could not controvert this fact.
Having heard both sides and considering the facts and
Patna High Court Cr.Misc. No.45374 of 2016 (2) dt.15-12-2016 circumstances of the case, as the petitioner is ready to deposit the said amount within a period of four months, this application is allowed, let the petitioner, above named, surrender before the court below within six weeks, and he will be released on provisional bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Supaul in connection with Kishanpur P.S. Case No. 18 of 2016, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure with condition that he will deposit the said amount within four months from his release on provisional bail, once the court below is satisfied about deposit, he shall confirm the bail bonds of petitioner, otherwise bail bond of petitioner shall be cancelled by court below.
(Vinod Kumar Sinha, J) A.I./- U