Sri Santosh Kumar @ Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11039 of 2018 Arising Out of PS.Case No. -125 Year- 2017 Thana -MARKAHI District- KHAGARIA ======================================================

1. Sri Santosh Kumar @ Santosh Kumar S/o Bindeshwari Singh, R/o Village- Khairi, Post Office Sonmankhi, P.S.- Morkahi, District- Khagaria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Viveka Nandsingh, Adv For the Opposite Party/s : Mr. Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 12-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 406, 409 of the Indian Penal Code.

Petitioner was Incharge Headmaster.

Allegation is that he did not complete the construction of school building and embezzled the public money. Submission is that it has come during investigation that the criminal associates obstructed in construction of the school building and that's why the work could not be completed. In the meantime, FIR has been lodged. Petitioner is ready to complete the rest of the construction work or settle the account with the Govt. within

Patna High Court Cr.Misc. No.11039 of 2018 (3) dt.12-04-2018 nine months from the date of his provisional release on bail. Considering the undertaking of the petitioner, let the petitioner, above named, be released on provisional bail for a period of nine months from the date of release on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Khagaria (Morkahi) Police Station Case No.125 of 2017. The provisional bail shall be confirmed only after production of a certificate from the competent authority that construction work has already been completed and further the petitioner shall fully cooperate with the trial of the case, failing which the learned court below shall be at liberty to cancel the provisional bail and take the petitioner in custody.

(Birendra Kumar, J) Nitesh/- U T