Pradeep Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.17424 of 2016 Arising Out of PS.Case No. -31 Year- 2016 Thana -CHIRAIYA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Pradeep Ram Son of Tilak Ram, R/o Village- Ahiraulia, P.S.- Chiraiya, District- East Champaran .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Karandeep Kumar For the Opposite Party/s : None ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 11-05-2016 Heard Mr. Karandeep Kumar for the petitioner. No one has appeared on behalf of the State.
The application seeks anticipatory bail in Chiraiya P.S. Case No. 31 of 2016 registered under Sections 409, 420 and 34 of the Indian Penal Code.
For construction of five additional rooms in the school, a sum of Rs. 17 lacs and odd is alleged to have been made available to the School of which the petitioner was the Incharge Headmaster. The District Programme Officer found that work up to the value of Rs. 10 lacs and odd was only completed and a sum of Rs. 7,46,680/- was temporarily embezzled by the Incharge Headmaster. On instruction, the F.I.R. was lodged by the Block Education Officer.
Counsel for the petitioner states that even according to the
Patna High Court Cr.Misc. No.17424 of 2016 (2) dt.11-05-2016 2/3 F.I.R., the construction work up to the level of lintel was found complete and the petitioner is taking all steps to complete the work as per the specification for which the amount was sanctioned provided a reasonable time is afforded. As a security amount, he is ready and willing to deposit a sum of Rs. 50,000/- in the shape of bank draft payable to the District Programme Officer, East Champaran.
Having heard the Counsel for the petitioner, the application stands disposed of by the following order:- Let the petitioner surrender and furnish bail bonds in the sum of Rs. 10,000/- to the satisfaction of the Court concerned within three weeks whereafter he shall be released on provisional bail for a period of three months therefrom. Along with the bail bonds, he shall produce a demand draft in the sum of Rs. 50,000/- favouring the District Programme Officer, East Champaran. Before expiry of the period of provisional bail, the petitioner shall surrender and seek confirmation of bail along with the status report of the construction in question to be submitted either by the District Programme Officer, East Champaran or the informant. Depending upon the report, the Court below shall either confirm the provisional bail or refuse such confirmation. The petitioner would also be entitled to pray for refund of the demand draft
Patna High Court Cr.Misc. No.17424 of 2016 (2) dt.11-05-2016 3/3 depending on the report of the authority at the time of praying for confirmation of the provisional bail.
(Kishore Kumar Mandal, J) Pankaj/- U T