Jitendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10305 of 2019 Arising Out of PS. Case No.-352 Year-2017 Thana- SHERGHATI District- Gaya ====================================================== JITENDRA KUMAR Son of Raghubir Prajapat, Resident of VillageNawadih (Bajaura), P.S-Dobhi, District-Gaya, At present posted as Incharge Headmaster, Middle School, Nawadih, P.S.- Dobhi, District- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nikhilesh Kumar For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-02-2019 This application, for grant of anticipatory bail, arises out of Sherghati (Dobhi) P.S. Case No. 352 of 2017, disclosing offences under Sections 409 and 34 of the Indian Penal Code. Petitioner happens to be Incharge Headmaster of the Govt. Middle School Navadih, Gaya and allegation against him is of defalcation of Rs. 41683.19/- under the Mid-day Meal Scheme.

Submission of learned counsel for the petitioners is that he has falsely been implicated in this case, which will appear from the fact that the enquiry was made in the school on 08.03.2017and on that day, the petitioner was not the Incharge of Mid-day Meal Scheme rather he took charge on 24.03.2017, which is evident from annexure -2 of the petition.

Patna High Court Cr.Misc. No.10305 of 2019(2) dt.20-02-2019 2/2 Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, 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 Additional Chief Judicial Magistrate, Sherghati, Gaya, in connection with Sherghati (Dobhi) P.S. Case No. 352 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

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