Ramchandra Paswan v. The State Of Bihar

Patna High Court Cr.Misc. No.38267 of 2016 (2) dt.29-09-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38267 of 2016 Arising Out of PS.Case No. -8 Year- 2016 Thana -SONO District- JAMUI ======================================================

1. Ramchandra Paswan Son of late Sugdeo Paswan Resident of VillageTeliyadah, P.O. Batiya, PS Sona, District Jamui. ... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Pankaj Kumar Sinha For the Opposite Party/s : Mr. Sir Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 29-09-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Sono P.S. Case No. 08 of 2016 registered for the offences punishable under Sections 420 and 409 of the Indian Penal Code. Allegedly, the petitioner being In-charge Headmaster of Middle School Dehiyari took advance of Rs. 9,77,450/- for making construction but did not make any construction and misappropriated the government amount.

Submission is of false implication and that the petitioner has constructed most of the building but due to dispute some work has remained pending and he undertakes to construct the remaining part also, he has sworn affidavit in this regard before the Notary Public, he has done work up to Rs. 6,44,000/- which is evident from annexure-3 and as such the petitioner deserves

Patna High Court Cr.Misc. No.38267 of 2016 (2) dt.29-09-2016 sympathetic consideration to which the learned APP opposes. In the facts and circumstances stated above, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate I, Jamui in connection with Sono P.S. Case No. 08 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T