Rajiv Narayan Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15924 of 2016 Arising Out of PS.Case No. -346 Year- 2015 Thana -CHAPRA MUFFASIL District- SARAN ====================================================== Rajiv Narayan Prasad, S/o Late Badri Narayan Prasad, R/o Mohalla- Lah Bazaar, P.S. - Chapra Town, District - Saran .... .... Petitioner/s

Versus

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

For the Petitioner : Mr. Harsh Singh, Advocate For the S t a t e : Mr. Vinod Shankar Modi(APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 30-06-2016 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is apprehending his arrest in connection with Chapra Mufassil P.S. Case No.346 of 2015 for allegedly having committed the offence under Sections 420, 409, 120B and 34 of the Indian Penal Code.

Case diary in the present case was called for, which has since been received.

Learned counsel for the petitioner submits that the present case was lodged against the petitioner by the Proctor of the J.P. University, who is not authorized in any manner to lodge the prosecution on behalf of the University in such matters. It is further submitted that as per the F.I.R., the role

Patna High Court Cr.Misc. No.15924 of 2016 (4) dt.30-06-2016 2/3 assigned to the petitioner is that certain documents and records, which were the subject-matter of Vigilance Case No.10 of 2015, were found missing from the Office of the Registrar and the Vice-Chancellor and as such, on inquiries being made, the petitioner, who was then functioning as Secretary to the V.C., could not sufficiently explain its absence and, therefore, on the basis of mere suspicion, he has been named in the present F.I.R. Learned counsel for the petitioner submits that one another person who has also been named as an accused, being the Personal Assistant to the V.C., had come to this Court with similar allegation and this Court after considering all the facts and circumstances has been pleased to extend the privilege of anticipatory bail to him, vide order dated 28.3.2016 passed in Cr.Misc. No.11465 of 2016.

In the aforementioned facts and circumstances and the allegation being similar in nature, let the petitioner, above named, 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 released on bail on furnishing bail bond of `10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Chapra, in connection with Chapra

Patna High Court Cr.Misc. No.15924 of 2016 (4) dt.30-06-2016 3/3 Mufassil P.S. Case No.346 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J) PNM U T