Rishiesh Deo @ Rishikesh Deo vs The State Of Bihar on 7 September, 2015

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Patna High Court - Orders

Rishiesh Deo @ Rishikesh Deo vs The State Of Bihar on 7 September, 2015

Bench: Ashwani Kumar Singh

                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Criminal Miscellaneous No.17642 of 2015
                   Arising Out of PS.Case No. -767 Year- 2014 Thana -FORBESGANJ District- ARRARIA

               ======================================================
               Rishiesh Deo @ Rishikesh Deo, S/o Sri Uma Kant Rajak, resident of
               Mohalla - Saheban Hata, Srinagar Road, Purnea, P.S.- K. Hat, District -
               Purnea
                                                                               .... ....   Petitioner
                                                     Versus
               The State of Bihar                                          .... .... Opposite Party
               ======================================================
               Appearance :
               For the Petitioner/s        :    Mr. Bhaskar Shankar, Advocate
               For the Opposite Party/s :       Mr. C. Sen Pd. Singh. APP
               ======================================================
               CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH
               ORAL ORDER


3 07-09-2015

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks pre-arrest bail in connection with Forbesganj P.S. Case No.767 of 2014 registered under Sections 406, 409 and 420 read with 34 of the Indian Penal Code.

It is contended that the petitioner who was posted as Junior Engineer, Sarva Shiksha Abhiyan, Araria at the relevant time had no knowledge that the school building of Primary School was being constructed. The other co-accused named in the FIR did not inform the petitioner regarding the said construction work. The petitioner was In-charge of two blocks, 2 Patna High Court Cr.Misc. No.17642 of 2015 (3) dt.07-09-2015 2/2 namely Forbesganj and Narpatganj in which more than 400 schools were functioning and the petitioner was supposed to visit all the schools where construction work was going on. It is further contended that it would be apparent from the FIR itself that the Headmaster and Secretary of the school withdrew Rs.12,92,850/- but certain irregularities were found in the construction of the building.

Learned counsel for the State has submitted that the building was to be constructed under the supervision of the petitioner and he has not taken proper care regarding measurement, etc. of the building in question.

Be that as it may, in the event of arrest or surrender within a period of four weeks from today, the petitioner is directed to 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 Chief Judicial Magistrate, Araria in connection with Forbesganj P.S. Case No. 767 of 2014 subject to the conditions as laid down under Section 438(2) Cr. P.C. (Ashwani Kumar Singh, J.) Sanjeet/-

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Patna High Court - Orders