Rashendra Sahani @ Rashandra Sahani @ Rajendra Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20652 of 2023 Arising Out of PS. Case No.-60 Year-2012 Thana- KHAJAULI District- Madhubani ====================================================== Rashendra Sahani @ Rashandra Sahani @ Rajendra Sahani Son Of Late Sita Ram Sahni R/O Village- Kasma Marar, P.S.- Khajauli, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar, Advocate For the Opposite Party/s :

Mr. Jharkhandi Upadhyay, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-06-2023 Heard learned counsels for the petitioner and the State.

Petitioner apprehends arrest in a case registered for the offences punishable under Sections 457, 458, 420, 409 of the Indian Penal Code.

It is alleged that this petitioner being member of the Inspiration Centre-2, misappropriated Government funds in connivance with another member of the committee without running the Scheme for the Inspiration of Illiterate Persons aged about 11 years to 13-14 years.

Learned counsel appearing for the petitioner submits that at the relevant time, petitioner was teacher of the school and member of the committee and he has not misappropriated any fund of the Government Scheme. It is further submitted that

Patna High Court CR. MISC. No.20652 of 2023(2) dt.28-06-2023 2/2 informant is a social worker and was not at any Government or responsible post of the committee and due to ulterior motive he filed a complaint petition against the petitioner which was converted into F.I.R. without proper examination of record or facts of the case. It is further submitted that committee has spent the entire amount given for the purposes and only Rs. 59,000/- was remaining which has been deposited in the bank account and an information to this effect was given to the concerned authority on 21.12.2022. Petitioner has got clean antecedent.

Considering the facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that the above named petitioner in the event of his arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Madhubani in connection with Khajauli P. S. Case No. 60 of 2012, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Navya/- U T