Raj Roshan Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27599 of 2023 Arising Out of PS. Case No.-8 Year-2023 Thana- DUMRAO District- Buxar ====================================================== Raj Roshan Prasad S/O- Amawas Prasad Village- Dewmalpur Po- Umedpur Ps- Sahpur Dist- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Udbhav, Advocate For the Opposite Party/s :

Mr. Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-07-2023

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 406 and 420 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that the petitioner has antecedent of one case, he is a retired Headmaster and the informant alleges that petitioner has not handed over charge of entire utilization certificate of expenditure incurred on scholarship, dress, napkin of money received from the Office of the District Welfare Officer and withdrew an amount of Rs. 1,65,160/- from PNB relating to pupil fund but did not mention the same in the cash register, further the petitioner on 21.11.2019, handed over charge of Rs. 12,05,683.93/- in

Patna High Court CR. MISC. No.27599 of 2023(2) dt.24-07-2023 2/3 cashbook of pupil fund and thus an amount of Rs. 12,674/- in excess is mentioned. It is next alleged that bank on account of mistake credited an amount of Rs. 17,99,594/- in the bank account of another school, but on 13.04.2020, the amount was credited in the said account as such an amount of Rs. 1,60,032/- still remains less.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, it is next submitted that the FIR came to be instituted after his retirement, it is also submitted that the dispute appears to be purely administrative and the petitioner after his retirement is being harassed when he is not in a position to furnish proper explanation in absence of documents over which now he has no control.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.27599 of 2023(2) dt.24-07-2023 3/3 each to the satisfaction of the learned court below where the case is pending/successor court in connection with Dumraon P.S. Case No. 08 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T