Md. Irfan Reyasat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.11873 of 2016 Arising Out of PS.Case No. -183 Year- 2015 Thana -ROSHANGAANJ District- GAYA ======================================================
1. Md. Irfan Reyasat Son of Reyasat khan Resident of Village- Belhari PS bankey bazar District Gaya.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sudhir Kumar Sinha, Advocate For the Opposite Party/s : Mr. Ram Chandra Sahni(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 09-05-2016 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.
The petitioner is apprehending his arrest in connection with Raushanganj (Bankey Bazar) P.S.Case No. 183 of 2015 registered for the offences punishable under Sections 406, 409, 385, 420, 506, 509 of the Indian Penal Code. Learned counsel for the petitioner submits that the entire case is at the behest of the then Block Development Officer, Banke Bazar, Gaya, who has levelled false allegation against the petitioner about misappropriation of money and for taking extra amount for registration of class X student. It is alleged that instead of taking Rs. 200/-he had extracted amount to the tune nearly Rs.700/-and in some cases, Rs. 1800/-. It is submitted that
Patna High Court Cr.Misc. No.11873 of 2016 (3) dt.09-05-2016 2/3 such an allegation that he had misappropriated the money, which was meant for distribution to the students under various heads and had not issued the receipt to the same to the various recipients is also misguided as the parents of the student have filed their receipt showing that they had in fact received the amount, meant for their wards.
Learned counsel appearing on behalf of the State submits that save and except, the aforesaid allegation there is no further material and the case is still under investigation. He further submits that the petitioner has been made accused on the basis of allegation made in the F.I.R. and sufficient materials have surfaced against him in the case diary.
After considering all the facts and circumstances of the case and considering the fact that the petitioner is Head Master and is functioning in the school and documents, which are required to be produced, are being made available by him and he is co-operating in the investigation , let the petitioner, in the event of his arrest or surrender before the Court below within a period of four weeks from the date of receipt/production of a copy of this order, 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 the learned Additional Chief Judicial Magistrate,
Patna High Court Cr.Misc. No.11873 of 2016 (3) dt.09-05-2016 3/3 Sherghati at Gaya in connection with Raushanganj (Bankey Bazar) P.S.Case No. 183 of 2015, subject to condition as laid down under Section 438 (2) of Cr. P.C.
(Anjana Mishra, J) Sudha/- U T