Mahendra Thakur @ Sri Mahendra Thakur v. The State Of Bihar

Patna High Court Cr.Misc. No.53555 of 2016 (2) dt.19-12-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53555 of 2016 Arising Out of PS.Case No. -52 Year- 2016 Thana -KALUAHI District- MADHUBANI ====================================================== Mahendra Thakur @ Sri Mahendra Thakur, Son of Late Kapileshwer Thakur, resident of Village- Champa Parjuar, P.S. Arer, DistrictMadhubani. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gagan Deo Yadav, Advocate. For the Opposite Party/s : Mr. Sri Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 19-12-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Kaluahi P.S. Case No. 52 of 2016 registered under Sections 406, 409 and 420/34 of the Indian Penal Code.

The accusation is that petitioner being the Headmaster, Primary School, Dhami Tola, Malmal, Kaluahi, withdraw cash of Rs.6,41,000/- in the finance year 2006-07 for construction of building of the school but he only made construction worth of Rs.4,40,000/- and remaining amount Rs.2,01,000/- was misappropriated by him and he has not furnished the papers in that regard.

Patna High Court Cr.Misc. No.53555 of 2016 (2) dt.19-12-2016 Learned counsel for the petitioner submits that admittedly, petitioner was the Headmaster of Primary School, Dhami Tola, Malmal, Kaluahi and construction was done by him in the year 2006-07 after withdrawal of Rs.6,41,000/- and thereafter he retired from service on 31.07.2010 but with ulterior motive the present case has been lodged against him after 10 years of occurrence without any basis.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the J.M. Ist Class, Madhubani, in connection with Kaluahi P.S. Case No. 52 of 2016, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T