Arun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2163 of 2015 Arising Out of PS.Case No. -55 Year- 2014 Thana -SONBERSA District- SITAMARHI ======================================================

1. Arun Kumar Son of Ram Kailash Rai Resident of Village - Parariya, P.S- Sonbarsa, District - Sitamarhi. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Surendra Kishore Thakur For the Opposite Party/s : Mr. Surendra Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 19-01-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Sonbarsa P.S. Case No. 55 of 2014 registered for the offences punishable under Sections 409, 420 of the Indian Penal Code. Petitioner happens to be Headmaster of a school and the allegation against him is that he withdrew Rs. 3,57,000/- and in spite of specific directions and reminders he did not submit pass-book, cheque book, utility certificate etc.

The contention on behalf of the petitioner is that the school of the petitioner was inspected by the Block Education Officer on 07.08.2013 and all the documents were shown to him except one register which was stolen from the school while petitioner was on leave and for which the petitioner lodged a criminal case.

It is further contended by the petitioner that he may produce all the relevant documents before the concerned authority.

Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of his arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Sitamarhi in Sonbarsa P.S. Case No. 55 of 2014 subject to condition as laid down under Section 438(2) of the Cr.P.C.

However, it is made clear that petitioner shall produce the certificate issued by the competent authority before the concerned court within four months from the date of his

surrender to this effect that all the relevant documents coupled with utility certificate had been produced by the petitioner before the concerned authority and if petitioner fails to do so, the concerned court shall be at liberty to cancel the bail bonds of the petitioner.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T