Sarwan Kumar @ Sarwan Kumar Das v. The State Of Bihar

Patna High Court Cr.Misc. No.31787 of 2017 (2) dt.14-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31787 of 2017 Arising Out of PS.Case No. -255 Year- 2016 Thana -BAHADURGANJ District- KISANGANJ ======================================================

1. Sarwan Kumar @ Sarwan Kumar Das, Son of Shanti Lal Das, Resident of Village- Hari Nagar, P.S.- Bahadurganj in the district of Kishanganj. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Raj Kumar For the Opposite Party/s : Mr. Smt. Renuka Ratnakar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 14-07-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends arrest in connection with Bahadurganj P.S. Case No. 255 of 2016 registered under Sections 420/409 of the Indian Penal Code.

Learned counsel appearing on behalf of the petitioner submits that petitioner has not misappropriated any amount. The work could not be completed on account of some technical and local problem. Total estimated amount of 3ACR work of the school in question is Rs. 11,50,000/- and first installment of Rs. 8,05,280/- was released as advance. Out of Rs. 8,05,280/-, petitioner has completed the work for Rs. 5,37,000/- and is ready and undertakes to do the work for the remaining amount of Rs.

Patna High Court Cr.Misc. No.31787 of 2017 (2) dt.14-07-2017 2,94,733/-.

Having considered the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of 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) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Kishanganj in connection with Bahadurganj P.S. Case No. 255 of 2016 subject to the condition as laid down under Section 438(2) of the Cr. P.C. with condition that petitioner will complete the remaining work for Rs. 2,94,733/-. In case petitioner fails to abide by his undertaking, the Court below will be at liberty to take appropriate steps for cancellation of his bail bonds. (Arvind Srivastava, J) Manish/- U T