Santosh Kumar Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8235 of 2023 Arising Out of PS. Case No.-1137 Year-2021 Thana- COMPLAINT CASE District- Araria ====================================================== Santosh Kumar Thakur S/o Late Sakaldev Thakur R/o Village- Baluwa Deorhi, ward no. -11, P.S.- Palasi, Distt- Araria. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Tarachand Mandal S/o Late Ram Prasad Mandal R/o Village- Baluwa Deorhi, ward no. -11, P.S.- Palasi, Distt- Araria. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Kanchan Jha, Advocate Mr. Madhav Jha, Advocate For the Opposite Party/s :

Mr. Pramod Kumar Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-05-2023 Heard learned counsels for the petitioner and the State.

Petitioner apprehends arrest in a case registered for the offences punishable under Sections 420, 406, 409, 120(B) of the Indian Penal Code.

It is alleged that all the F.I.R. named accused persons including this petitioner committed fraud and misappropriated Government money by paying salary to this petitioner who was fraudulently appointed as a Night Guard.

Learned counsel appearing for the petitioner submits that the petitioner had been appointed on the post of Night Guard by the appointing authority after due process of

Patna High Court CR. MISC. No.8235 of 2023(2) dt.12-05-2023 2/2 verification and he was only appointed on ad hoc basis. He next submits though the wife of the petitioner is serving as a Teacher in the school but she was not the member of the selection committee and as such, all necessary guidelines were followed by the Headmaster in such selection. Moreover, petitioner has already resigned from the said post, on the direction of higher authority. Petitioner has got clean antecedent. Considering the fact that petitioner has already resigned from the post of Night Guard, let the above named petitioner in the event of his arrest/surrender before the court below within a period of six weeks from today, 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 Judicial Magistrate, 1st Class, Araria in connection with Araria Complaint Case No. 1137-C/2021, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Navya/- U T