Narain Data Prasad @ Narain Datta v. The State Of Bihar

Patna High Court Cr.Misc. No.1088 of 2017 (2) dt.13-01-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1088 of 2017 Arising Out of PS.Case No. -65 Year- 2016 Thana -MURAR District- BUXAR ====================================================== Narain Data Prasad @ Narain Datta, Son of Jawahar Paswan. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Mishra, Advocate. For the Opposite Party/s : Mr. Sri Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 13-01-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Murar P.S. Case No. 65 of 2016 registered under Sections 406, 409 and 420 of the Indian Penal Code.

The accusation is that in between 06.02.2014 to 06.03.2014, in two installments, Rs. 10,15,000/- was withdrawn by this petitioner being Panchayat Secretary for construction of two Anganbari Centres but the construction work of Anganbari Centres were not done and this petitioner kept the said money in his account. But, on 11.04.2015, the aforesaid amount has been deposited in the account of Panchayat by this petitioner. Learned counsel for the petitioner submits that, in fact, Rs. 10,15,000/- was received by this petitioner to construct two

Patna High Court Cr.Misc. No.1088 of 2017 (2) dt.13-01-2017 Anganbari Centres in the Panchayat but due to non approval of the place the construction work could not be done and thereafter the petitioner returned money on 11.04.2015. It is further submitted that there was no intention of the petitioner to keep the aforesaid money for about one and half years in his account. It is further submitted that petitioner is in custody since 23.10.2016. Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the J.M. Ist Class, Court No. 5, Buxar, in connection with Murar P.S. Case No. 65 of 2016. Out of two sureties, one surety must be the close relative of the petitioner.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T