Patna High CourtCR. MISC./7894/2015bail granted

Manoj Kumar v. The State Of Bihar

2015-04-22Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7894 of 2015 Arising Out of PS.Case No. -238 Year- 2014 Thana -BHAGWANPUR DistrictVAISHALI(HAJIPUR) ======================================================

1. Manoj Kumar S/O Kailash Rai, Resident of Village- Salempur, P.S. Bhagwanpur, District- Vaishali .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sunil Kumar Singh For the Opposite Party/s : Mr. Hirday Pd. Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 22-04-2015 Heard both sides.

The petitioner seeks his bail in Bhagwanpur P.S.Case No.238 of 2014 registered under Sections 420 and 409 IPC. The petitioner being the Panchayat Teacher, received Rs.8,13,000/- for construction of the room of the School and he did work of Rs.5,42,000/-. It was found that the petitioner did not do the work of Rs.2,11,026/- and accordingly, he was directed to deposit the said amount.

It is submitted that the petitioner gave Rs.2,11,026/- to Sant Lal Paswan, Incharge Headmaster of the School but from perusal of the order of the learned Additional Sessions Judge, it appears that Sant Lal Paswan refuted the statements about receiving the amount from the petitioner.

Learned counsel for the petitioner submits that the petitioner is ready to deposit Rs.2,11,026./- in three equal instalments within three months as the petitioner is in jail since 19.1.2015.

Patna High Court Cr.Misc. No.7894 of 2015 (3) dt.22-04-2015 2/2 Considering the facts aforesaid, the petitioner, named above, is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Smt. Niharika, Judicial Magistrate, Ist Class, Vaishali at Hajipur in connection with Bhagwanpur P.S.Case No. 238 of 2014, subject to condition that the petitioner shall deposit Rs.75,000/- after ten days of his release from the jail and thereafter, he shall deposit the entire amount in three equal instalments within three months. If the petitioner fails to deposit the entire amount, the learned court below shall cancel his bail bond.

(Prabhat Kumar Jha, J) ahk/- U T