Manoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33298 of 2018 Arising Out of PS. Case No.-16 Year-2017 Thana- SARSI District- Purnia ====================================================== Manoj Kumar son of Late Durga Prasad Yadav R/o Village Sarswati, P.S. - Sarsi, District - Purnea.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dr. Bidhu Ranjan For the Opposite Party/s :

Mr. Sri Rajballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 23-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Sarsi P.S. case no. 16 of 2017 instituted for the offence under Section(s) 409 and 420 of the Indian Penal Code.

It is alleged in the written report that this petitioner who was Teacher in Middle School, Terasi Tolla had taken an advance of Rs. 8 lacs for construction of School building during financial year 2009-2010. But he completed the work amounting to Rs. 2,86,468/- only and misappropriated the remaining amount.

A report was called from the District Programme Officer, Purnia as well as the present Headmaster of the School whether the work has been completed by the petitioner as

Patna High Court Cr.Misc. No.33298 of 2018(3) dt.23-07-2018 2/3 claimed by him vide Annexure-2.

The report of District Programme Officer, Purnia has been received wherein it is mentioned that construction work of School in- question have already been completed. Learned APP for the State after looking into the case diary has submitted that in para 73 of the case diary it has come that construction work of the School has been completed. In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Sarsi P.S. case no. 16 of 2017, he shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned J.M.

Ist Class, Purnia subject to the conditions as laid down under Section 438(2) Cr. P. C.

Patna High Court Cr.Misc. No.33298 of 2018(3) dt.23-07-2018 3/3 witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Sanjay Priya, J) shyambihari/- U T