Raj Narayan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2713 of 2016 Arising Out of PS.Case No. -250 Year- 2015 Thana -SARAIYA District- MUZAFFARPUR ====================================================== Raj Narayan Singh Son of Late Radha Mohan Singh, resident of VillagePokhraira, P.S.-Saraiya, District-Muzaffarpur. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Alok Kumar @ Alok Kr Shahi, Adv. For the Opposite Party/s : Mr. P.N.Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 12-04-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Saraiya P. S. Case No. 250 of 2015 registered under Section 409/34 of the Indian Penal Code.

It is contended that out of total amount of development fund of Rs.5,48,256/-, the petitioner had paid the amount of Rs.4,90,000/- to the Chairman of the School Education Committee, namely, Anil Kumar Choudhary and the remaining amount of Rs.58,256/- is lying in the development account of the school. When Anil Kumar Choudhary did not submit Muster Roll, Measurement Book and Utility Certificate etc. then the petitioner informed to the District Superintendent of Education-cum- Programme Coordinator on 17.11.2009 and

Patna High Court Cr.Misc. No.2713 of 2016 (3) dt.12-04-2016 2/2 16.12.2009 for taking action against him but the officials did not take any action in this regard. Said Anil Kumar Choudhary has left the work of the school building in the midst without its completion. It is further contended that after attaining the age of superannuation, the petitioner has already been retired from service on 30.11.2013. It is also contended that the petitioner has got roots in the society and is not likely to abscond or tamper with the evidence, if released on bail. Learned counsel for the State has opposed the prayer for grant of pre-arrest bail to the petitioner.

Regard being had to the facts and circumstances of the case, in the event of arrest or surrender before the court below within four weeks from today, the petitioner named above 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 learned Sub-Divisional Judicial Magistrate, West, Muzaffarpur in Saraiya P. S. Case No. 250 of 2015, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. (Ashwani Kumar Singh, J.)