The Patna High Court granted bail to the petitioner apprehending arrest in a PS Case alleging failure to construct toilets for which he received an advance. Bail is conditional upon depositing the alleged amount within two months.
The petitioner is enlarged on bail on depositing Rs. 3,20,000/- within two months and furnishing a bond with two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.41275 of 2016
Arising Out of PS.Case No. -513 Year- 2016 Thana -MADHEPURA District- MADHEPURA ====================================================== Devsharan Yadav son of Late Adhik Lal Yadav resident of VillageBarsam, P.S.- Sonbarsa (Basnahi), District- Saharsa at present resident of Mohalla- Shastrinagar, Madhepura, Ward No. 19 Bye Pass Road, P.S. & District- Madhepura. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Vijay Shankar Shrivastava, Adv. For the Opposite Party/s : Mrs. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER
2 11-11-2016 Heard both sides. The petitioner apprehends his arrest in Madhepura P.S. Case No. 513/2016, registered for the offences punishable under Sections 409 and 420 of the Indian Penal Code. The petitioner was entrusted to construct eight toilets in different schools at the rate of Rs. 40,000/- with advance of Rs. 3,20,000/-., but the petitioner did not construct the toilets in the schools.
The Public Information Officer-cum-Superintending Engineer admitted this fact before the Information Commissioner in case bearing no. 98810/2013-14.
Learned counsel for the petitioner submits that the
Patna High Court Cr.Misc. No.41275 of 2016 (2) dt.11-11-2016
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petitioner was not entrusted with any advance. The report shows that some constructions were made. The petitioner is ready to refund the amount. The co-accused Ravindra Nath Chourasia Junior Engineer has already been granted anticipatory bail on condition of payment of half of the alleged defalcated amount.
Considering the facts aforesaid, if the petitioner deposits Rs. 3,20,000/within two months from the date of receipt/production of a copy of this order, the petitioner abovenamed in the event of his arrest or surrender before the court below is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Madhepura in connection with Madhepura P.S. Case No. 513/2016, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.
If the petitioner fails to deposit Rs. 3,20,000/- within two months learned court below shall positively cancel the bail bond of the petitioner.
(Prabhat Kumar Jha, J.)
Vinita/U T
1 issue framed by the court
Whether the petitioner should be granted bail on furnishing a bond and depositing the alleged defalcated amount within two months.
1 provisions across 1 enactments
Devsharan Yadav
The State of Bihar
Prabhat Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
