Patna High CourtCR. MISC./22343/2023bail granted

Ashok Kumar Rai v. The State Of Bihar

2023-06-24Mr. Justice Purnendu Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22343 of 2023 Arising Out of PS. Case No.-288 Year-2022 Thana- MANJHI District- Saran ====================================================== ASHOK KUMAR RAI S/o- Late Deopujan Rai Resident of VillageKathapura Nawa Nagar, Balia District- Balia (U.P) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashi Shekhar Tiwary, Advocate.

For the Opposite Party/s :

Mr.Manoj Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 24-06-2023 Heard Mr. Shashi Shekhar Tiwary, learned counsel appearing on behalf of the petitioner and Mr. Manoj Kumar, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Manjhi P.S. Case No. 288 of 2022 registered for the offence punishable under Sections 409, 420, 467, 468 and 471 of the Indian Penal Code.

3. Prosecution story, in brief, is that the petitioner is said to have misappropriated government money amounting Rs.16,46,337/- on account of non-execution of government scheme.

4. Learned counsel appearing on behalf of the petitioner submitted that at the relevant point of time, the petitioner was the Headmaster of the school and on the date of his retirement, he had deposited balance amount of Rs. 13,48,197/- and the District Education Officer, Chapra had directed him to deposit the balance amount amounting Rs.2,33,

Patna High Court CR. MISC. No.22343 of 2023(2) dt.24-06-2023 2/2 599/- in the account of the school, in compliance of which petitioner has deposited the said amount vide Cheque No. 655934 dated 05.03.2022. Therefore, no case is made out against the petitioner for the alleged misappropriation of public fund.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Considering the nature of allegation made against the petitioner and the fact that the petitioner who was the Headmaster of the school at the relevant point of time has deposited entire amount which is allegedly said to have been misappropriated by him, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, 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, Saran at Chhapra in connection with Manjhi P.S. Case No. 288 of 2022, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

mantreshwar/- (Purnendu Singh, J) U T