Umakant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42822 of 2019 Arising Out of PS. Case No.-144 Year-2017 Thana- MAHISHI District- Saharsa ====================================================== UMAKANT KUMAR Son of Rajendra Yadav @ Raju Yadav The then Headmaster, Middle School, Ratti, Resident of Village- Kopariya, P.S.- Salkhua, District- Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Mishra For the Opposite Party/s :

Mr.Satyavrat Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-07-2019 Heard learned counsel for the parties.

The petitioner is apprehending his arrest in connection with Mahishi P.S.Case No.144 of 2017 registered for offences punishable under Sections 406, 409, 420 of the Indian Penal Code.

Allegation against the petitioner, who happens to be Incharge Headmaster of Primary School, Ratti that under "Sarva Shiksha Abhiyan", Rs.14 lac has been granted to the school of the petitioner for construction of four additional class room but in spite of direction he has not completed the same and misappropriated the government fund.

Submission of the learned counsel for the petitioner is that as a matter of fact some work was done by the petitioner

Patna High Court CR. MISC. No.42822 of 2019(2) dt.12-07-2019 2/2 but that could not be completed as he has been transferred to other school. It has also been submitted that he was ready to deposit the amount and during the pendency of the anticipatory bail before the learned Sessions Judge, he has deposited Rs.3.50 lac and he is ready to deposit the rest of the amount. Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner surrender before the learned court below with above prayer, which will be considered by the learned court below while passing order on the bail application and if possible to be disposed of on the same day.

With the aforesaid direction, this application is disposed of.

(Vinod Kumar Sinha, J) chn/- U T