Patna High CourtCR. MISC./52623/2016bail granted

Brahamdeo Baitha v. The State Of Bihar

2017-02-10Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 52623 of 2016 Arising out of P.S. Case No. - 182 Year - 2016 Thana - SALKHUA District - SAHARSA ====================================================== Brahamdeo Baitha, Son of Late Kaleshwar Baitha, Resident of Village - Matha, P.S. - Salkhua, District - Saharsa .... .... Petitioner

Versus

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

For the Petitioner : Mr. Subesh Sharma, Advocate For the Opposite Party : Smt. Anita Kumari Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 10-02-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 420, 406 and 409 of the Indian Penal Code.

Allegation against the petitioner is that he was assigned construction of school work. Part construction was done and the remaining amount was misappropriated by the petitioner. Submission is that due to flood in the area the work could not be completed and the petitioner had requested the department to allow further time and for release of the remaining fund to complete the work. The petitioner has stated the aforesaid fact on oath in the supplementary affidavit. His further submission is that the matter is of accounting and not of criminal

Patna High Court Cr.Misc. No.52623 of 2016 (5) dt.10-02-2017 2/2 misappropriation.

Let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-II, Saharsa/Successor Court in connection with Salkhua Police Station Case No. 182 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Kundan (Birendra Kumar, J) U T