Md. Hamiduddin v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.8638 of 2016 Arising Out of PS.Case No. -394 Year- 2015 Thana -BEGUSARAI MUFFASIL DistrictBEGUSARAI ======================================================
1. Md. Hamiduddin S/o Late Zehuri Mian Resident of village- Chhoti Baliya (Upper Tola), Near Urdu Maktab, Ceidenchak, P.S.- Baliya, DistrictBegusarai .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pankaj Kumar, Advocate For the Opposite Party/s : Mr. Ajit Kumar (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 16-05-2016 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Begusarai Mufassil P.S.Case No. 394/2015, G.R. No. 6200/2015 registered for offences punishable under Section 409, 420 of the Indian Penal Code.
The prosecution case as lodged by the Block Education Officer, Begusarai to S.H.O., Muffassil P.S., Begusarai stating therein that Md. Hamiduddin, the petitioner retired Head Master, Utakramit Middle School Hardia, Begusari misappropriated the Government money issued for the purpose of construction of school building when he was posted as Head Master in the school
Patna High Court Cr.Misc. No.8638 of 2016 (3) dt.16-05-2016 2/3 without construction of building and on repeated direction by the department, he has not deposited the same.
It has been submitted by the learned counsel for the petitioner that the petitioner retired on 31.01.2015 and the present F.I.R. has been lodged after an inordinate delay of nine months i.e. on 09.10.2015. He further submits that the petitioner has no criminal antecedent, as is evident from para-3 of this application and that he had received " no dues certificate" under the joint signature of the Junior Engineer, Assistant Engineer and District Programme Officer on 06.06.2013 regarding construction works made in the school. He further submits that certificate has also been issued by the Head Master, taking charge from him that there are no dues against the petitioner but he has been alleged to defalcate Rs. 25, 34,160.00, which is due from him in the account of construction work of the school.
He further submits that being retired government employee, no departmental proceeding had been initiated against him before his superannuation under the Bihar Service Code and allegation is false, as he has handed over all amounts spent and there is no dues against him.
Patna High Court Cr.Misc. No.8638 of 2016 (3) dt.16-05-2016 3/3 are no dues against him.
However, learned A.P.P. for the State submits that the petitioner is named in the F.I.R., hence, opposes the prayer of bail. Since the petitioner is retired Head Master and no departmental proceeding has been initiated against him during his service or after superannuation and F.I.R. having been lodged after an inordinate delay, let the above named petitioner in the event of his arrest or surrender before the Court below within a period of eight weeks from today be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection wit Begusarai Mufassil P.S. Case No. 394/2015, G.R. No. 6200 of 2015, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.
(Nilu Agrawal, J) Sudha/- U T