Krishna Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8254 of 2016 Arising Out of PS.Case No. -1304 Year- 2015 Thana -SASARAM MUFFSIL District- SASARAM (ROHTAS) ====================================================== Krishna Kumar Singh S/o Lalan Singh, resident of Village- Rampur, P.S.- Sasaram (Muffasil), District- Rohtas.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Bhaskar Shankar, Advocate.

For the Opposite Party : Mr. B. Ram(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 22-06-2016 Heard both sides.

The petitioner apprehends his arrest in Sasaram (M) P.S. Case No. 1304 of 2015 registered for the offences punishable under Sections 409 and 420 of the Indian Penal Code. Allegation against the petitioner is that he was entrusted to construct the building of school and withdrew Rs. 3,42,000/- but did not construct the building till 2015. Shri Krishna Pd. Singh, learned senior counsel submits that the petitioner immediately purchased building materials worth Rs. 2,00,100/-. The petitioner was suspended on 12.12.2012 then he moved High Court against the order of suspension and consequently his suspension was vacated, but the petitioner was transferred to another school, therefore, he could not construct the

Patna High Court Cr.Misc. No.8254 of 2016 (3) dt.22-06-2016 2/2 school building. The petitioner did not defalcate any amount. It is further submitted that the petitioner is ready to deposit the amount alleged to have been defalcated.

Considering the facts aforesaid, the petitioner above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sasaram, Rohtas in Sasaram (M) P.S. Case No. 1304 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C., subject to the condition that the petitioner shall deposit the entire amount in three equal installments within three months, if the petitioner does not deposit the entire amount in three equal installments within three months the learned court below shall cancel the bail bonds of the petitioner.

(Prabhat Kumar Jha, J.) KKSINHA/- U T