Madho Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.70711 of 2018 Arising Out of PS. Case No.-170 Year-2016 Thana- KATEYA District- Gopalganj ======================================================

1. Madho Yadav son of Bhagwan Datt Yadav, resident of Village- Nawalpur, P.S.- Kateya, District- Gopalganj.

2. Sahim Ali, son of Chhedi Miya @ Chhedi Ali, resident of Village- Misrauli, P.S.- Kateya, District- Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhramveer For the Opposite Party/s :

Mr. Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 10-01-2019 Heard the learned counsel for the petitioners and the learned APP for the State.

The petitioners seek regular bail in connection with Kateya P.S. Case No. 170 of 2016 for the offences punishable under Sections 409/34 of the Indian Penal Code.

The allegation against the petitioners is that advance money was given to the petitioner no.1 in the capacity of being the Incharge headmaster of Up graded Middle School, Nawalpur for the purposes of construction of class rooms, however, the petitioner no.1 could not complete the work to the tune of Rs. 1,52,000/- approximately and it is alleged that the petitioners have swindled the said amount.

The learned counsel for the petitioners submits that the petitioners are innocent and have a clean antecedent as well as they are languishing in custody since 29.09.2018, nonetheless the learned

Patna High Court Cr.Misc. No.70711 of 2018(3) dt.10-01-2019 2/2 counsel for the petitioners submits that the petitioners are ready to deposit a sum of Rs. 50,000/- (Rs. Fifty thousand) for the purposes of grant of bail, however, he submits that the said deposit be made subject to final outcome of the case.

Having regard to the facts and circumstances of the case, I deem it fit and proper to direct for release of the petitioners on regular bail immediately after depositing a sum of Rs.50,000/- in cash by the petitioners jointly before the Nazarat of the concerned trial court whereupon the petitioners, above named, are directed to be enlarged on regular bail on furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. IX, Gopalganj in connection with Kateya P.S. Case No. 170 of 2016.

It is needless to state that the aforesaid deposit of Rs. 50,000/- shall be subject to the final outcome of the trial. (Mohit Kumar Shah, J) Tiwary/- U T