Dharmendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31 of 2019 Arising Out of PS. Case No.-28 Year-2018 Thana- CHUTIA SAHAYAK District- Rohtas ====================================================== Dharmendra Kumar son of Sri Somaru Thakur, Resident of Village-Tiyara, Police station-Chutiya, District-Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Choubey Jawahar, Advocate For the Opposite Party/s :

Mr. Anuj Kumar Srivastava (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 08-01-2019 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Chutiya P.S. Case No. 28 of 2018 registered for the offences punishable under Sections 406, 409, 420/34 of the Indian Penal Code.

Informant is District Programme Officer, who in his letter addressed to Block Education Officer has alleged against petitioner who was the In-charge head master of the school that although Rs. 10,28,840/- was withdrawn for construction of 2 + 1 ACR room in the school but it was partly constructed and as per measurement Rs. 675108/- was spent and construction work for the remaining amount was still pending and on basis of said written complaint FIR was instituted against the petitioner. It has been submitted on behalf of petitioner that the

Patna High Court Cr.Misc. No.31 of 2019(2) dt.08-01-2019 2/2 allegation as contained in FIR is based on factually incorrect facts and even otherwise the building has been completed and all the amount which was withdrawn for construction of school building has been spent upon the said construction for which Annexure-2 completion certificate has been issued by the District Programme Officer. Petitioner has no criminal antecedent. Petitioner is in custody since 21.11.2018. Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Smt. Aditi Gupta, learned Judicial Magistrate, Dehri, in connection with Chutiya P.S. Case No. 28 of 2018, subject to conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by Court and his absence on two consecutive dates without sufficient reasons, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Rajiv/- U T