Surendra Prasad Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6379 of 2017 Arising Out of PS.Case No. -95 Year- 2016 Thana -RUPAULI District- PURNIA ====================================================== Surendra Prasad Yadav, Son of Late Lalchand Prasad Yadav, Resident of Village-Basetha, P.S. Chausa, District-Madhepura. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sada Nand Roy For the Opposite Party/s : Mr. Harendra Prasad,A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 03-04-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Rupauli Akbarpur P.S. Case No.95/16 registered under Section 420 and 409 of the Indian Penal Code.

The accusation is that the informant being the Head Master of the Middle School, Pipra, Circle - Rupauli, withdrew Rs.8/- lacs for construction of the school building but the work was not completed and Rs.3,44,427/- was misappropriated. In spite of the direction the petitioner did not deposit the said amount.

Patna High Court Cr.Misc. No.6379 of 2017 (2) dt.03-04-2017 2/2 Learned counsel for the petitioner submits that, in fact, Rs.8/- lacs was withdrawn by the petitioner as Headmaster of the School for construction work but the same could not be completed and Rs.3/- lacs was ordered to be deposited by this petitioner by the draft. Accordingly, the petitioner deposited Rs.3,44,427/- by Draft No.803999 issued by the State Bank of India ADB Purnea on 02.05.2016 through letter dated 02.05.2016 addressed by the petitioner to the District Programme Officer, deposited in the office of the District Programme Officer, Sarva Sikcha Abhiyan, Purnea which would appear from Annexure-2 & 2/1.

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 four 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 learned A.C.J.M.-1st, Purnea, in connection with Rupauli Akbarpur P.S.Case No.95/16, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) AnilKrSinha/- U