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Patna High CourtCR. MISC./26149/2021allowed

Shashank Kumar Gupta @ Shashank Kumar Sharan v. The State Of Bihar

2021-12-15Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26149 of 2021 Arising Out of PS. Case No.-748 Year-2020 Thana- MADHAURAH District- Saran ====================================================== Shashank Kumar Gupta @ Shashank Kumar Sharan Son of Late Saket Bihari Sharan Resident of Village - Gopalpur Baluatal, P.S.- Motihari Town, Distt.- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Pandey, Adv.

For the Opposite Party/s :

Ms. Renuka Ratnakar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-12-2021 Learned counsel for the petitioner has filed the supplementary affidavit today in the court.

Let it be kept on record.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 409/420 of the Indian Penal Code.

Petitioner is said to have embezzled lakhs of rupees from the government fund taking advantage of his position as a Headmaster of National Secondary High School, Narharpur. It is submitted by learned counsel for the

Patna High Court CR. MISC. No.26149 of 2021(2) dt.15-12-2021 2/2 petitioner that petitioner is innocent and has been falsely implicated in this case. He submits that the Officer of Bihar Madhyamik Shiksha submitted report mentioning therein that after inquiry, the inquiry Officer vide letter no. 59 dated 24.02.2021 has found that there was no irregularities found in the work rather it was found that without prior permission of administration, work was done. Therefore, the petitioner has not misappropriated any amount.

Learned APP for the State opposed the prayer for bail.

Considering the facts and circumstances of the case, the above named petitioner in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Marhowrah P.S. Case No. 748 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) devendra/- U T