Ram Chandra Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17065 of 2016 Arising Out of PS.Case No. -181 Year- 2015 Thana -NAGARNAUSA District- NALANDA (BIHARSHARIFF) ====================================================== Ram Chandra Prasad Son of Late Prasadi Mahto resident of village - Sakraurha, Police Station Nagarnausa, District - Nalanda .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Kumar Verma For the Opposite Party/s : Mr. C.Sen Pd. Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 02-05-2016 Heard Mr. Umesh Kumar Verma, the counsel for the petitioner and APP for the State.

The petitioner herein seeks anticipatory bail in connection with Nagarnausa P.S. Case No. 181 of 2015, registered under Sections 341, 323, 504, 506, 467, 468, 471, 420 of the Indian Penal Code (GR No. 2658/2015). Initially, a complaint was filed, which was later treated as an FIR. Precisely, the grievance is that even after being appointed as Teacher by the Managing Committee which was approved by Sanskrit Siksha Board, the petitioner did not handover the charge of the office of the Head Master. Mr. Verma states that the complainant/informant is facing accusation of having continued in service in a fake manner and received Government money. In this connection, he draws attentions of the Court to the FIR (Annexure-6), as also

Patna High Court Cr.Misc. No.17065 of 2016 (2) dt.02-05-2016 2/2 the order passed by this Court in PIL matter. He states that at the time of his superannuation, the petitioner sought for clarification from the Board and in absence of there, he could not make over charge to the complainant/informant.

The counsel for the informant on the other hand submits that in course of investigation, it has come that the petitioner continued in service after manipulating in his date of birth recorded in the service book.

Be that as it may, considering the allegations levelled against him and other materials reflected from the records, I am inclined to extend the privilege of anticipatory bail, let the petitioner above named, in the event of arrest/surrender within four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of A.C.J.M. Hilsa, Nalanda in Nagarnausa P.S. Case No. 181/2015 on condition that one of the bailors shall be his own/close family member. The petitioner shall appear on each date fixed at the trial. In case of default in appearance on two consecutive dates, the trial court shall have liberty to cancel his bail bonds.

(Kishore Kumar Mandal, J) rohit/- U T