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Patna High CourtCR. MISC./54410/2016allowed

Ravindra Pranit v. The State Of Bihar

2017-01-19Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.54410 of 2016 (3) dt.19-01-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54410 of 2016 Arising Out of PS.Case No. -354 Year- 2016 Thana -MANER District- PATNA ======================================================

1. Ravindra Pranit, Son of Late Prabhu Pandit, resident of village - Datiyana, P.S. Bikram, District - Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shaishav Kumar For the Opposite Party/s : Mr. Sri Dilip Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 19-01-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner is apprehending his arrest in connection with Maner P.S. Case No. 354 of 2016 registered for the offence punishable under Sections 420 and 409 of the Indian Penal Code. 3.

According to the prosecution, Rs. 7,75000/- was sanctioned to the Primary School Chhotki Kathautia in the Financial Year 2008-09 for construction but up to the roof, construction work has been completed and Rs. 5,16,840/- has been left for long period and entire construction work has not been done.

4.

Learned counsel for the petitioner has submitted that when the petitioner was at the verge of his superannuation from the post of Head Master of Primary School Chhotki Kathauatia, Patna, Rs. 7,75,000/- had been sanctioned for construction work in the school and the said amount has been deposited in the bank account of the said school by the petitioner. Since the petitioner was about to retire, he tried

Patna High Court Cr.Misc. No.54410 of 2016 (3) dt.19-01-2017 his level best to complete the entire construction but the construction work could not be completed till his retirement. Resultantly, he handed over the charge of the rest amount of Rs. 5,16,840/- to Md. Liya Ansari, Head Master of the School, who also left the further construction work as it is. Not a single farthing has been taken by the petitioner for his purpose. Once he handed over the charge to his predecessor, it is the responsibility of the incumbent, who has taken charge of the post to get the work completed. This petitioner is innocent and falsely been implicated in this case. Hence, he deserves the privilege of anticipatory bail.

5.

Considering the facts and circumstances of the case and the nature of allegation made against the present petitioner, let 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, be enlarged on bail on furnishing bond of Rs. 10,000 (Ten Thousand rupees only) with two sureties of the like amount each to the satisfaction of J.M. 1st Class, Danapur, Patna in connection with Maner P.S. Case No. 354 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Arvind Srivastava, J) brajesh/- U T