Randhir Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45910 of 2017 Arising Out of PS.Case No. -75 Year- 2017 Thana -KARPI District- JEHANABAD ====================================================== Randhir Kumar, son of Sri Bhagwan Singh, resident of Village- Damari Bigha (Near JymangalBigha), P.S.- Karpi, District- Arwal. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arvind Prasad Singh, Advocate. For the Opposite Party/s : Mr. Lakshmi Kant Sharma, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 19-09-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Karpi P.S. Case No. 75 of 2017 registered under Sections 420 and 409/34 of the Indian Penal Code.

The petitioner happens to be the headmaster of the Upgraded Middle School Dakshinwari Mathia under Karpi block. Rs. 5,54,829/- was sanctioned in the year 2011-12 for construction of the two rooms in the said school. He got the aforesaid amount disbursed to different persons but the work has yet not been completed. As per the report of Junior Engineer, the value of the constructed portion was Rs. 2,63,794, thus, the petitioner is said to have misappropriated Rs. 2,91,038/- in collusion of the other coaccused persons.

Patna High Court Cr.Misc. No.45910 of 2017 (2) dt.19-09-2017 2/2 It is submitted by learned counsel for the petitioner that the petitioner was the headmaster of the said school and he got 75% of the construction work completed and building materials worth more than Rs. 2,00,000/- is lying on the site, but in the meantime, he was appointed as teacher in 10+2 school, but he is still incharge of the construction work of the said school as the said charge has not been taken by his successor. He undertakes to get the aforesaid remaining work constructed within six months. He has been languishing in custody since 15.07.2017. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on provisional bail for six months on the aforesaid undertaking on furnishing bail bond of Rs.

10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-IV, Arwal in connection with Karpi P.S. Case No. 75 of 2017. If the petitioner fails to get the remaining work completed within the aforesaid period, learned lower court shall be at liberty to cancel the bail bond of the petitioner and on giving certificate of completion of work, his bail shall be confirmed by the court below.

(Prakash Chandra Jaiswal, J) Mishra/- U T