Wakil @ Vakil Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15995 of 2015 Arising Out of PS.Case No. -131 Year- 2014 Thana -GARKHA District- SARAN ======================================================

1. Wakil @ Vakil Rai Son of Satya Narayan Rai, Resident of Village - Bhagwanpur, Police Station - Atwar Nagar, District - Saran at Chapra. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Ram Binod Singh, Adv For the Opposite Party : Madhuri Lata(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-05-2015 Heard learned counsels for the petitioner, informant and the State.

Petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 409, 420, 467, 468, 471, 120B of the Indian Penal Code. The accusation is of misappropriating the fund of rupees seven crores by the Principal of the affiliated college under Jai Prakash University, Chapra. It is alleged against the petitioner that this petitioner being Lecturer of the college received various cheques and issued various cheques with his signatures. During the internal enquiry the accusation was found true against the petitioner.

It is submitted by learned counsel for the petitioner that during the enquiry conducted by the three men's committee appointed by the Auditor, the accusation was not found true and in the enquiry being conducted at the behest of

Patna High Court Cr.Misc. No.15995 of 2015 (2) dt.05-05-2015 2/2 the Lokayoukta, Bihar also no illegality was found. The enquiry reports have been brought on record as Annexure Nos. 7 and 8. Moreover the main accused, the Principal of the college Arjun Prasad Yadav has been granted anticipatory bail vide Cr. Misc. No. 33422 of 2014. The petitioner was not authorized to issue cheque.

It is submitted by learned counsel for the informant that several cheques through which the money was withdrawn, bear the signature of the petitioner. Considering the aforesaid facts, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Chapra in connection with Garkha P.S. Case No. 131 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) Shageer/- U T