Rambharos Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37866 of 2018 Arising Out of PS.Case No. -11 Year- 2016 Thana -SHEOHAR District- SHEOHAR ======================================================

1. Rambharos Thakur S/o Late Gagandeo Thakur, R/o Vill.- Pakari , P.S.- Piprahi, District- Sheohar, Presently posted as Government Teacher, Middle School, Harnahi, P.S.- Sheohar, District- Sheohar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Devendra Kumar For the Opposite Party/s : Smt. Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-08-2018 The petitioner is apprehending his arrest in connection with Sheohar P.S. Case No. 11 of 2016, registered for offences punishable under Sections 406 and 409/34 of the Indian Penal Code.

Petitioner is Headmaster of Middle School, Harnahi and allegation against him is that he along with Secretary of the school defalcated an amount of Rs. 8,97,229/-, which was meant for construction of school building.

It has been submitted on behalf of the petitioner that he has falsely been made accused in this case and the construction work in question has already been completed, which can be verified from calling for a report from the concerned authority. Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.37866 of 2018 (3) dt.03-08-2018 2/2 Having heard both sides, considering the facts and circumstances of the case, this application is disposed of with direction to the petitioner to surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order and the court below shall release the petitioner on provisional bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of concerned court below in connection with Sheohar P.S. Case No. 11 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.

C and the court below shall call for a report from the District Programme Officer of the concerned District with regard to completion of construction work and if the submission of learned counsel for the petitioner that the construction work has been completed, is found to be true, the court below shall confirm the bail bonds of the petitioner otherwise, he is free to pass any order as he deems fit and proper.