Prof. Maharaj Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3182 of 2019 Arising Out of PS. Case No.-353 Year-2015 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== Prof. Maharaj Singh, Late Raj Kumar Singh, Resident of Village - MohallaR.L.S.Y Collage, Aurangabad at Shahpur Road, PO and Distt - Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjit Kumar, Advocate For the Opposite Party/s :

Mr.Ram Naresh Ray, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 04-04-2019 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Aurangabad (Town) P.S. Case No.353 of 2015, registered for the offence punishable under Sections 420, 467, 468/34 of the Indian Penal Code.

The petitioner was made admission in-charge. 59 students have been inducted as students in the college illegally. The petitioner filed an application submitting that the illegal admission has been made by the Clerk and in the application, signature of the present petitioner and the Principal was standing, but during investigation, the police has found the complicity of the petitioner also.

Counsel for the petitioner submits that he has filed an

Patna High Court CR. MISC. No.3182 of 2019(5) dt.04-04-2019 2/2 application bringing all the facts to the notice in what manner the Clerk has committed illegal act by admitting the students illegally and whereupon the Principal has taken cognizance and referred the matter to the Police, which led to filing of the criminal case.

Looking to the entire facts and circumstances of the case, let the petitioner, above-named, be released on provisional anticipatory bail in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Aurangabad, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

However, it is made clear that if the forensic report comes against the petitioner then the provisional bail granted to the petitioner will be treated to have been cancelled. If the forensic report shows that it is not his signature, then the court below will confirm the bail of the petitioner. (Shivaji Pandey, J) V.K.Pandey/- U T