Shiv Shankar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.67456 of 2018 Arising Out of PS. Case No.-224 Year-2018 Thana- UDWANTNAGAR District- Bhojpur ====================================================== Shiv Shankar Singh, Son of Late Jai Ram Singh, Resident of VillageKharauni, Sekhwan, P.S.- Udwant Nagar, District- Bhojpur. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Shiv Prasad Gupta, Advocate For the Opposite Party/s :

Mr. Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 04-12-2018 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Udwant Nagar P.S. Case No. 224 of 2018 registered for the offences punishable under Sections 420 and 409 of the Indian Penal Code.

The petitioner was Headmaster and some construction work was entrusted to him. The accusation against the petitioner is that he took advance but did not complete the construction work and defalcated Rs. 3,99,942/-.

Submissions on behalf of the petitioner is that the petitioner is still ready to complete the construction work and also ready to return the amount in question if he fails to get construct the concerned buildings within six months. However,

Patna High Court Cr.Misc. No.67456 of 2018(2) dt.04-12-2018 2/2 it is informed that the petitioner has already superannuated. In view of the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of his arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara in Udwant Nagar P.S. Case No. 224 of 2018 subject to conditions as laid down under Section 438(2) of the Cr.P.

C and further more with condition that the petitioner shall deposit the amount in question with concerned authorities within six months from today in six equal installments and shall produce the certificate in this regard duly issued by the competent authority before the concerned court within the above stated period of six months, failing which the concerned court shall cancel the bail bonds of the petitioner.

(Hemant Kumar Srivastava, J) Spd/- U T