Satrudhan Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42995 of 2018 ====================================================== Satrudhan Chaudhary, S/o Dukhi Chaudhary, Headmaster, Primary School, Bathnaha, R/o Vill.- Kunauli, P.S.- Kunauli, District- Supaul. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Manish Kumar No. 13, Advocate Mr. Rohit Kumar, Advocate For the Opposite Party/s : Mr. Aditya Narayan Singh 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 20-07-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Kunauli P.S. Case No. 45 of 2017 registered under Sections 409, 420, 467, 468 and 471 of the Indian Penal Code. It is submitted by the learned counsel for the petitioner that the instant first information report has been instituted on the basis of a complaint, which was referred to the police under Section 156(3) of the Code of Criminal Procedure for investigation. Initially, the petitioner submitted a written

Patna High Court Cr.Misc. No.42995 of 2018 (2) dt.20-07-2018 report to the S.H.O. of Kunauli Police Station alleging therein that one Basid Ahmad came to his school with Md. Shahenshah Alam and demanded the record of Mid Day Meal Scheme and Rs. 10000/- as ransom. They also abused him by taking his caste name. On the statement of the petitioner, a case under the penal code and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act was registered and, only after that, the instant complaint was filed alleging misappropriation of about Rs.61,000/- in Mid Day Meal Scheme by the petitioner. He submitted that in this regard the petitioner had submitted an application before the Appellate Authority-cum-District Education Officer, Supaul stating, inter alia, the entire facts and, on inquiry, the allegations against the petitioner found to be false.

On the other hand, learned counsel for the State opposed the application for grant of pre-arrest bail to the petitioner. He submitted that against the petitioner there is an allegation that he misappropriated Rs.61,000/- of Mid Day Meal Scheme.

Regard being had to the fact that the case arises out of a complaint and the pleadings advanced on behalf of the

Patna High Court Cr.Misc. No.42995 of 2018 (2) dt.20-07-2018 petitioner, in the event of arrest or surrender in the court below within six weeks from today, he is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Birpur, Supaul in connection with Kunauli P.S. Case No. 45 of 2017 subject to the conditions as laid down under Section 438(2) Cr. P.C. (Ashwani Kumar Singh, J.) Sanjeet/- U T