Hari Narain Thakur v. The State Of Bihar

Patna High Court Cr.Misc. No.20452 of 2016 (2) dt.13-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20452 of 2016 Arising Out of PS.Case No. -498 Year- 2014 Thana -RUNISAIDPUR District- SITAMARHI ======================================================

1. Hari Narayan Thakur son of Late Subha Thakur, resident of villageGadha Dhanushi, P.S.- Runni Saidpur, District- Sitamarhi .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhananjaya Nath Tiwari For the Opposite Party/s Dr. Ajit Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 13.05.2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner seeks bail in a case registered under sections 420 and 409 of the Indian Penal Code.

Petitioner being headmaster was appointed as agent to execute a government scheme and petitioner got constructed a partition wall under concerned school but when higher officials inspected the aforesaid partition wall, the aforesaid partition wall was found sub-standard. Accordingly, higher officials directed to get constructed partition wall after demolition previous one but the petitioner neither did the work nor returned the amount. The submission on behalf of the petitioner is that without entering into the merit of the case, petitioner is ready to get partition wall constructed within six months from the date of his release and, therefore, petitioner should be released on provisional bail so-that he

Patna High Court Cr.Misc. No.20452 of 2016 (2) dt.13-05-2016 could complete the aforesaid work.

In view of the aforesaid submissions as well as facts and circumstances of the case, petitioner is directed to be released on provisional bail for a period of six months on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Addl. Chief Judicial Magistrate III, Sitamarhi in Runnisaidpur P.S. Case no. 498/2014 subject to condition that the petitioner shall furnish completion report issued by the competent authority before trial court within the above stated period of six months and if the petitioner does so, provisional bail granted to the petitioner by this court shall be confirmed by the trial court but if the petitioner fails to do so, the concerned court shall not confirm the provisional bail granted to the petitioner and shall take all steps to procure the attendance of the petitioner.

Accordingly, this petition stands disposed of. shahid (Hemant Kumar Srivastava,J) U T