Ashok Kumar Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6811 of 2019 Arising Out of PS. Case No.-319 Year-2018 Thana- KOILWAR District- Bhojpur ====================================================== ASHOK KUMAR PANDEY S/o Triveni Pandey Resident of VillageSonghatta Gidha ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravi Ranjan For the Opposite Party/s :

Mr.Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-04-2019 This application, for grant of anticipatory bail, arises out of Koilwar P.S. Case No. 319 of 2018, disclosing offences under Sections 420 and 409 of the Indian Penal Code. Petitioner happens to be Headmaster of Government Girls Primary School Gidha, Block- Koilwar, District - Bhojpur and allegation against him is of defalcation of Rs. 9,71,000/- allotted to the school for construction of additional class rooms. Submission of learned counsel for the petitioner is that for the same and similar offence two cases has been lodged one is Vigilance Case No. 131 / 2016 and another is the present one. It has also been submitted that on the direction of the District Programme Officer and the District Education Officer, the money allotted to the school was transferred in the account of Matreyee Consultancy Private Limited and petitioner has no

Patna High Court CR. MISC. No.6811 of 2019(5) dt.23-04-2019 2/2 role to play in the said defalcation rather it is the petitioner, who informed the Superintendent of Police on 04.08.2016 about the said fact. Further submission is that similarly situated persons have already been granted the privilege of anticipatory bail by this Court vide order dated 02.08.2017 passed in Cr. Misc. No. 18345 of 2017 with Cr. Misc. No. 15595 of 2017 and with Cr. Misc. No. 17506 of 2017.

Heard learned A.P.P. also.

Having heard both sides, considering the submission, as above, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur (Ara), in connection with Koilwar P.S. Case No. 319 of 2018, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) sunilkumar/- U T