Chandan Kumar Rajak v. The State Of Bihar

Patna High Court Cr.Misc. No.722 of 2017 (2) dt.25-01-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.722 of 2017 ====================================================== Chandan Kumar Rajak, Son of Jagdish Baitha, resident of VillageMaheshkol, Police Station & District - Araria .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Rana, Advocate. For the Opposite Party/s : Mr. Sri Murlidhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 25-01-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Araria P.S. Case No. 663 of 2016 registered under Sections 420, 406 and 409/34 of the Indian Penal Code.

The accusation is that petitioner being the Headmaster of Primary School Musahari Tola, Mehisakol, in collusion with Block Education Officer, Araria, Computer Operator and the Clerk of District Welfare Office, Araria, withdraw the excess amount Rs.2,87,900/- showing the excess students of S.C./S.T. and other backward classes in school.

Learned counsel for the petitioner submits that when petitioner, who is the Headmaster of Primary School Musahari

Patna High Court Cr.Misc. No.722 of 2017 (2) dt.25-01-2017 Tola, Mehisakol, came to know about the allegation of withdrawing the excess amount of Rs.2,87,900/- showing the excess student of S.C./S.T. and other backward classes, deposited the said amount in the school account on 06.10.2016, 07.10.2016 and 18.10.2016 and accordingly, the cheque in the name of District Welfare Officer, Araria, issued with joint signature of petitioner and Keli Devi, who is the Secretary of School Education Committee on 18.10.2016, which would appear from Annexure 2 to the petition.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Araria, in connection with Araria P.S. Case No. 663 of 2016, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T