Pradeep Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28133 of 2018 Arising Out of PS. Case No.-258 Year-2016 Thana- SIRDALA District- Nawada ====================================================== Pradeep Kumar son of Late Darshan Prasad Resident of Village - Nagwel, Police Station - Meskaur, District - Nawada ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Deepak Kumar, Adv.

For the Opposite Party/s :

Mr. Bharat Bhushan, APP 156 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-05-2018 Heard the learned counsel for the petitioner. The petitioner is apprehending his arrest in connection with Sirdala P.S. Case No. 258 of 2016 registered for offences punishable under Sections 406, 420, 409 and 34 of the Indian Penal Code.

Allegation against the petitioner is that he has been allotted rupees ten lakhs and odd for construction in his school, but, he has defalcated the aforesaid amount.

Submission of the learned counsel for the petitioner is that he was transferred from the school and he handed over charge and at that time Rs.10,54,000/- was kept in the pass book and, thereafter, on the enquiry the District Programme Officer has informed the petitioner that he has to deposit excess amount

Patna High Court Cr.Misc. No.28133 of 2018(2) dt.16-05-2018 2/3 of Rs.54,000/-, which the petitioner has deposited. Heard learned Additional Public Prosecutor also. Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, named above, in the event of arrest or surrender before the Court below, within a period of six weeks from the date of order, be released on bail on furnishing bail bond of Rs. 25,000/- (rupees twenty-five thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, V, Nawadah, in connection with Sirdala P.S. Case No. 258 of 2016 subject to the condition as laid down under Section 438(2) of the Criminal Procedure Code as well as with following conditions :

(I) One of the bailors of the petitioner shall be a local person, having sufficient immovable property within the jurisdiction of the concerned Court.

(II) The petitioner will not induce any witness or tamper with evidence.

(III) The petitioner shall co-operate in the investigation of the case and make themselves available as and when required by the Police, otherwise, the prosecution is free

Patna High Court Cr.Misc. No.28133 of 2018(2) dt.16-05-2018 3/3 to move for cancellation of his bail bond.

With the aforesaid observation, this application is allowed.

(Vinod Kumar Sinha, J) Shamshad/- U T