Lal Babu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20048 of 2015 Arising Out of PS.Case No. -245 Year- 2013 Thana -NANHPUR District- SITAMARHI ====================================================== Lal Babu Paswan, S/o Rajendra Paswan, the in-charge Headmaster of Rajkiya Prathamik Vidyalaya, Chikna, Resident of Village Mednipur, P.O. Pandaul, P.S. Nanpur, District Sitamarhi.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dharmesh Kumar, Advocate For the Opposite Party/s : Mr. Arbind Kumar Pandey (APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 23-07-2015 Heard learned counsel for the petitioner and the learned counsel for the State.

The petitioner is apprehending his arrest in connection with Nanpur P.S. Case No.245 of 2013 for the offences punishable under Sections 409 and 420/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that though this petitioner is a named accused in the case, the F.I.R. in question has been filed on the basis of vague report, but subsequently, vide Annexure B, which has been annexed to the supplementary affidavit, the District Education Officer has reported that, in fact, the construction of the school building has taken place up to the lintel level and up to the roof point and that

Patna High Court Cr.Misc. No.20048 of 2015 (2) dt.23-07-2015 2/2 the construction is, in fact, in progress. Learned counsel for the petitioner further submits that co-accused Rajiya Devi has already been extended the privilege of anticipatory bail vide order dated 7.4.2015 passed in Cr.Misc. No.14489 of 2015. Considering the aforementioned submissions and also the fact that the petitioner has no other criminal antecedents, let the above named petitioner, in the event of his arrest or surrender before the court below within a period of three weeks from the date of receipt/production of a copy of this order, be released 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 Chief Judicial Magistrate, Sitamarhi, in connection with Nanpur P.S. Case No.245 of 2013, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J) PNM U T