MD. AMARUL HAQUE Vs. STATE OF BIHAR

JUDGEMENT

(1.) By way of filing the present application under Sec. 482 of the Code of Criminal Procedure, 1973 (For short "the Code"), the petitioner Amarul Haque has assailed the condition imposed vide order dated 16.02.2015 passed by the learned Sessions Judge, Motihari, East Champaran in Phenhara P.S. Case No. 24 of 2013, whereby the learned Sessions Judge has allowed the petitioner to be released on bail in the event of arrest or surrender on amongst other condition to deposit Rs. 7,00,000.00 (seven lakhs) in the department concerned.

(2.) The prosecution case is based on a written report submitted by the District Programme Officer (Primary Education & Sarva Siksha Abhiyan), East Champaran, Motihari to the Officer-incharge Phenhara police station. The District Programme Officer has stated that Technical Examination Cell of Vigilance made an inquiry regarding irregularities caused in construction of building in Kasturba Balika Vidyalya, Phenhara, East Champaran. In this regard Rs. 56,000.00 was paid to the co-accused Kamaluddin Ahmad though cheque and Rs. 19,31,600.00 was paid to co-accused Amjad Kamal, Block Pramukh, Phenhara through 12 cheques and the said building was constructed by them. It is further stated that the then Headmaster of the school, the Block Education Officer, Phenhara, the Junior Engineer, the Assistant Engineer and the Executive Engineer concerned with the aforesaid construction work were responsible for the irregularities committed in execution of the work.

(3.) On the basis of the said written report, Phenhara P.S .Case No. 24 of 2013 was registered under Sections 406, 409, 420, 467, 468 and 120-B of the Indian Penal Code and investigation was taken up.