Single judge order in criminal miscellaneous petition. Petitioner, a school construction contractor, sought bail. Court granted bail despite enquiry into substandard work, relying on absence of proven defalcation and prior bail of school headmaster.
Petitioner released on bail on furnishing bonds of Rs 10,000 with two sureties of like amount.
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Patna High Court Cr.Misc. No.9216 of 2015 (2) dt.10-03-2015
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.9216 of 2015
Arising Out of PS.Case No. -117 Year- 2014 Thana -SIKTI District- ARRARIA
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1. Binod Kumar Yadav son of Late Folkan Lal Yadav, resident of village-
Singhiya P.S. Sikti, Distt. Araria
.... .... Petitioner/s
Versus
1. The State of Bihar
.... .... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Ajit Kumar Singh
For the Opposite Party/s Mr. Nityanand Tiwary, APP
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CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA
ORAL ORDER
02/ 10.03.2015 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.
Petitioner was contractor at the relevant time and he got constructed school building for which he had taken advance but in course of enquiry, it was found that work of the petitioner was below standard.
Learned counsel for the petitioner drew my attention towards annexure 5 to the petition and submitted that no defalcation has been made in this case and moreover, headmaster of the concerned school has already been granted privilege of bail by this court.
Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be
Patna High Court Cr.Misc. No.9216 of 2015 (2) dt.10-03-2015
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shahid
U T
released on bail on furnishing bail bonds of Rs 10,000/with two sureties of the like amount each to the satisfaction of Sri Sanjay Singh, Judicial Magistrate, Ist Class, Araria/concerned court in Sikty P.S. Case no. 117/2014. (Hemant Kumar Srivastava,J)
1 issue framed by the court
Whether the petitioner should be released on bail considering the allegations of substandard work and lack of defalcation.
Binod Kumar Yadav
The State of Bihar
Hemant Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
