Ajay Kumar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74935 of 2019 Arising Out of PS. Case No.-484 Year-2016 Thana- KISHANGANJ District- Kishanganj ====================================================== Ajay Kumar Das, Son of Hari Ram Das, Resident of Village- Subhashpalli, P.S.- Kishanganj, District- Kishanganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binay Kumar For the Opposite Party/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 11-12-2019 Heard learned counsel for the petitioner. No one appears on behalf of the State to oppose this application. The petitioner in the present case is seeking regular bail in connection with Kishanganj P.S. Case No.484 of 2016 registered for the offence punishable under Sections 420, 409, 467 and 468 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Learned counsel submits that petitioner had withdrawn the alleged amount towards construction of the school building. Considering the facts and circumstances of the case wherein it is the submission of learned counsel for the petitioner that this petitioner while discharging his duties as headmaster of the school had no doubt withdrawn a sum of Rs.3,87,151/- towards

Patna High Court CR. MISC. No.74935 of 2019(2) dt.11-12-2019 2/3 construction of the school building but it is his contention that he had spent the entire amount over the period in carrying out the construction work which had gone delayed due to non-availability of funds which has resulted in escalation of price and further that without prejudice to his contentions and his case, he is for the present ready to deposit a sum of Rs.1,50,000/- in the court below subject to result of the case and that he has remained in custody for about six months, investigation against him is complete and no one has appeared on behalf of the State to oppose this application, let the petitioner above named be released on bail on furnishing bail bond of Rs. 15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Kishanganj in connection with Kishanganj P.S. Case No.484 of 2016, subject to the condition as laid down under Section 437 (3) Cr.P.C. as under:

(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing

Patna High Court CR. MISC. No.74935 of 2019(2) dt.11-12-2019 3/3 such facts to the Court or to any Police officer or tamper with the evidence.

and subject to further condition that in terms of his own undertaking he will deposit Rs.1,50,000/- in the court below while submitting the bail bond which will be subject to result of the case.

(Rajeev Ranjan Prasad, J) arvind/- U T