Amritesh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45999 of 2019 Arising Out of PS. Case No.-229 Year-2018 Thana- GOH District- Aurangabad ====================================================== AMRITESH KUMAR SINGH Son of Ramdeep Singh Resident of Village - Hathiyara, P.S.- Deokund, District- Aurangabad ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kundan Kumar Singh For the Opposite Party/s :

Mr.Kanhaiya Kishore (App 100) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 01-10-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Goh P.S. Case No. 229 of 2018 registered for the offence punishable under Sections 409 and 429 of the Indian Penal Code.

Allegation against petitioner is that by violating the government order that no payment of scholarship amount in cash, he withdrew the second installment in cash and misappropriated the amount.

It has been submitted on behalf of petitioner that petitioner is In-charge headmaster of Middle School and he withdrew the second installment of scholarship amount and distributed the same to the students and obtain their signature

Patna High Court CR. MISC. No.45999 of 2019(3) dt.01-10-2019 2/2 also. It has been further submitted that neither the students nor their parents ever made any complaint about non-distribution of scholarship amount. It has been further submitted that FIR instituted after delay of one year. Petitioner has no criminal antecedent and he is in custody since 29.04.2019. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M. Daudnagar, Aurangabad, in connection with Goh P.S. Case No. 229 of 2018 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) veena/- U T