Jai Narayan Yadav @ Jai Narayan Prasad Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33320 of 2018 Arising Out of PS.Case No. -113 Year- 2017 Thana -KATORIA District- BANKA ======================================================

1. Jai Narayan Yadav @ Jai Narayan Prasad Yadav Son of late Jageshwar Yadav Resident of Village- Ghuthia, P.S. Katoria, District- Banka. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Md. Nurul Hoda, Advocate For the Opposite Party/s : Mr. Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 14-08-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offences punishable under Sections 420/409/467 of the Indian Penal Code.

Petitioner was In-Charge Headmaster of the Upgraded Middle School, Sijuwa.

Allegation is of misappropriation of public money which was meant for construction of the school building.

Submission of learned counsel for the petitioner was that in fact the work was already completed. Thereafter, this Court called for fresh report after physical verification from the informant of this case, who is Block Education Officer. The

Patna High Court Cr.Misc. No.33320 of 2018 (3) dt.14-08-2018 P2/ report dated 06.07.2018, at Flag-A, would reveal that only plaster of the stair part is yet to be completed. Other works are already complete. Petitioner is ready to complete the same. Petitioner is in custody since 20.03.2018. Investigation of the case is already complete.

Considering the aforesaid fact, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Katoria P.S. Case No.113 of 2017, with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Mkr./- U T