Shusil Kumar @ Shusil Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64915 of 2019 Arising Out of PS. Case No.-234 Year-2018 Thana- BUXAR INDUSTRIAL District- Buxar ====================================================== SHUSIL KUMAR @ SHUSIL KUMAR SINGH S/O Shrawan Singh R/o Vill- Sujatpur, P.S.- Dhansoin, Dist.- Buxar, and at Present posted as InCharge Headmaster of Primary School Drahpur, P.S.- Buxar (Ind.), DistrictBuxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Kamal Deo Sharma For the Opposite Party/s :

Mr.Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-10-2019 Petitioner seeks bail in anticipation of his arrest in connection with Buxar (Ind.) P.S. Case No. 234 of 2018 registered for the offences punishable under Sections 409 and 420 of the Indian Penal Code.

As per prosecution case the petitioner being the Headmaster of the school has been allotted Rs.4,98,750/- for construction of additional class room but he has not completed the work and instead of several demands he has not deposited rest of the amount.

Submission of learned counsel for the petitioner is that cheques were issued by joint signatures of Secretary and the petitioner and furthermore some more construction has been made by the petitioner but due to interference by local miscreants the work was not completed and for that he informed the local police but no assistance was given to him and further petitioner approached the

Patna High Court CR. MISC. No.64915 of 2019(2) dt.18-10-2019 2/2 authority concerned for measurement of the work but the same has not been done and order of recovery has been passed against the petitioner, for that petitioner filed CWJC No. 24275 of 2018 in which interim order of stay has been passed (Annexure-4). Heard learned APP also.

In view of above facts and circumstances, let petitioner, in the event of arrest or surrender, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Buxar, in connection with Buxar (Ind.) P.S. Case No. 234 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and further condition is that one of the bailors of the petitioner shall be a local person having sufficient immoveable property within the jurisdiction of the court concerned and further condition that after disposal of the writ petition if any order for recovery is passed, petitioner has to deposit the same. (Vinod Kumar Sinha, J) spal/- U T