Maheshwari Risideo @ Mahesari Risideo v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.54190 of 2016 Arising Out of PS.Case No. -70 Year- 2016 Thana -RANIGANJ District- ARRARIA ====================================================== Maheshwari Risideo @ Mahesari Risideo Son of Tilkeshwar Risideo, resident of Village-Indarpur, Police Station- Raniganj, District- Araria. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Mukesh Kumar Rana For the Opposite Party/s : Mr. Sri Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 21-12-2016 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in connection with Raniganj Police Station P.S. Case No. 70 of 2016 instituted for the offences punishable under Sections 409, 420 of the Indian Penal Code. Block Education Officer has lodged the FIR alleging that this petitioner who happens to be headmaster of Primary School Indarpur, Raniganj was allotted a sum of Rs. 1103400/- for construction of school building under the Bihar Education Project, but he did not complete the construction work and misappropriated a sum of Rs. 723256/- Contention of the petitioner is that he is the Headmaster of Primary School Indarpur, Raniganj, Araria and due to some unavoidable circumstances the said work was not completed
Patna High Court Cr.Misc. No.54190 of 2016 (2) dt.21-12-2016 2/2 within time and for which co-accused Manjula Devi (Secretary of the School Education Committee) is also liable for not completing the construction work within time. The petitioner has not misappropriated any amount for the said construction. He also submitted that some construction work has been carried out and he undertakes that the rest construction work of the school building is likely to be completed very soon. He is languishing in jail custody since 05.06.2016.
Learned APP, opposes the bail petition on the ground that he deliberately misappropriated the construction amount. Considering the undertaking by the petitioner and the fact that he is still willing to complete the rest construction work of the school building, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned S.D.J.M, Araria in connection with Raniganj Police Station P.S. Case No. 70 of 2016 subject to the condition that:
(i) The petitioner shall appear in person on each date fixed at the trial. In case of default in appearance on two consecutive dates, the trial court shall have liberty to cancel his bail bonds.
(Sanjay Kumar, J) rohit/- U T