Patna High CourtCR. MISC./34309/2016bail granted

Uttim Lal Mukhiya @ Uttam Lal Mukhiya v. The State Of Bihar

2016-10-22Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34309 of 2016 Arising Out of PS.Case No. -7 Year- 2015 Thana -GHOGHARDIHA District- MADHUBANI ====================================================== Uttim Lal Mukhiya @ Uttam Lal Mukhiya, son of Late Sebi Mukhiya, resident of Menahi Palsaha, P.S. Ghoghardiha, District- Madhubani. .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Gagan Deo Yadav, Advocate For the Opposite Party/s : Mr. Sri Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 22-10-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered under Sections 406, 409 and 420 of the Indian Penal Code. Petitioner was Headmaster of a School and it is alleged that he withdrew amounts allotted to different schemes but did nothing and defalcated the entire amount. The first information report goes to show that Rs.2,00,300/- for the financial year 201213 and Rs.2,05,900/- for the financial year 2013-14 allotted for dress but petitioner being Headmaster did not produce the utility certificate. It is also alleged that petitioner defalcated the amount allotted for scholarship as well as construction of school building but there is nothing on the case diary to show as to how much amount was withdrawn by the petitioner under the head of

Patna High Court Cr.Misc. No.34309 of 2016 (3) dt.22-10-2016 2/2 scholarship and construction of school building. So far as allegation of defalcation of amount of dress is concerned, it is only stated that he did not produce utility certificate. Moreover, the investigation against the petitioner has already been completed and is languishing in jail custody since 7.2.2016. Accordingly, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M., Jhanjharpur in connection with Ghoghardiha P.S. Case No.7 of 2015.

(Hemant Kumar Srivastava, J) N.H./- U T