Suresh Kumar Suman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18229 of 2022 Arising Out of PS. Case No.-206 Year-2021 Thana- BIHARIGANJ District- Madhepura ====================================================== Suresh Kumar Suman S/O- Baijnath Chaudhri R/O Village - Naya Bazar Biharganj, Ward No- 13, P.S. - Bihariganj, District - Madhepura. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pawan Kumar, Adv.

For the Opposite Party/s :

Mr. Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-09-2022 Heard learned counsel for the petitioners 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 341, 323, 504, 506, 420 of the Indian Penal Code.

Learned counsel for the petitioner submitted that petitioner is innocent and falsely implicated in the present cast. He submits that the petitioner was appointed as lecturer in the department of Physics in the Yashoda Sita Ram Bhagat Science College, Prayag Nagar, Bihariganj. He submits that he has joined

Patna High Court CR. MISC. No.18229 of 2022(3) dt.22-09-2022 2/3 in the year 1994. He further submits that on the basis of the guideline issued by the Bihar School Examination Board, Patna 70% amount of total income from different source (internal or external) should be expanded on the salary of teaching and non-teaching staff of concerned college and 30% should be expanded on the development of colleged but said benefit have not been given to the teaching and non-teaching staff and this petitioner and several other staffs have protested against the chairman and principal of the College on 09.01.2021. He submits that the petitioner again sent a letter before the Secretary, Bihar School Examination Committee, Patna against the Principal of this College on 28.07.2021.

He further submits that on the perusal of the FIR, it is evident that the informant has not stated when and where the money has been given to the petitioner and the petitioner has made accused in this case because he always protested against the managing committee and principal of the college. He submits that there is no specific overt act against the petitioner. He further submits that petitioner has no criminal antecedent mentioned in para-3 of the bail application.

Learned APP for the State opposes the prayer for bail.

Patna High Court CR. MISC. No.18229 of 2022(3) dt.22-09-2022 3/3 Considering the facts and circumstances of the case, let the above named petitioner in the event of his 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 Bihariganj P.S. Case No. 206 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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