Sunil Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34387 of 2018 Arising Out of PS. Case No.-7 Year-2018 Thana- NARHATT District- Nawada ======================================================

1. Sunil Kumar, Son of Sri Brajendra Singh, resident of Village- Barat, Post Office- Baijnathpur, Police Station- Narhat (Sitamarhi), District- Nawadah.

2. Rina Devi, Wife of Chunchun Singh, resident of Village- Repura, Police Station- Narhat (Sitamarhi), District- Nawadah. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun Kumar, Advocate.

For the Opposite Party/s :

Mr. Dilip Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 05-02-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Narhat (Sitamarhi) P.S. Case No.07 of 2018 registered under Sections 467, 468, 471, 409 and 353/34 of the Indian Penal Code. The accusation is that Rs.8,53,200/- and Rs.4,61,610/- was received by the petitioners being the Headmaster and Secretary of the Upgraded Middle School, Repurasirsa, District-Nawada, for construction of the building of the said school but on measurement, the work was found done only upto Rs.6,47,600/- and Rs.4,60,200/-, as such, Rs.2,48,991 and Rs.32198/- was misappropriated in the construction of the building of the said school. Learned counsel appearing for the petitioners submits that

Patna High Court Cr.Misc. No.34387 of 2018(10) dt.05-02-2019 2/2 after filing of the present application, the construction work of the school building has already been completed, which would appear from Measurement-Book of the work done by the petitioners (Annexrue-'2' series to the supplementary affidavit filed on behalf of the petitioners).

Learned A.P.P. for the State submits that on verification, it was found that the construction work of the school building has already been completed by the petitioners.

Having considered the facts and the circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender by them within six weeks from today, be enlarged on bail on their furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-V, Nawadah, in connection with Narhat (Sitamarhi) P.S. Case No.07 of 2018, subject to the conditions laid down under Section 438(2) Cr.P.C. (Rajendra Kumar Mishra, J) P.S./- U T