Patna High CourtCR. MISC./3285/2017bail granted

Vijay Kumar Gupta v. The State Of Bihar

2017-02-23Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3285 of 2017 Arising Out of PS.Case No. -65 Year- 2016 Thana -ANGARGHAT District- SAMASTIPUR ======================================================

1. Vijay Kumar Gupta, son of late Parmeshwar Sah, resident of VillageGanj Karpurigram, P.S.- Muffasil, District- Samastipur. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Surya Kant Mishra, Advocate For the Opposite Party/s : Mr. Mithilesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 23-02-2017 Heard learned counsel for the Petitioner and the State.

The Petitioner apprehends his arrest in Angarghat P.S. Case No.65 of 2016 instituted for the offence under Section(s) 406, 409, 420 Indian Penal Code.

It has been submitted on behalf of the petitioner that fine of `54,670/- was imposed against the petitioner by the District Programme Officer, Midday Meal Scheme, Samastipur, vide order dated 01.08.2016 for committing irregularity in the midday meal. The petitioner then filed appeal before the District Education Officer, Samstipur, who reduced the amount to `27335/- by his order dated 16.09.2016 (Annexure-3), which has already been deposited by the petitioner through Demand Draft. Copy of the Demand Draft and receipt showing deposit of

Patna High Court Cr.Misc. No.3285 of 2017 (3) dt.23-02-2017 2/2 Demand Draft has been annexed as Annexure-4 series. Counsel for the petitioner further submits that since petitioner has already deposited the amount, in question, he may be enlarged on anticipatory bail.

In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Angarghat P.S. Case No.65 of 2016, he shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri S. K. Choudhary, SubJudge 2nd-cum-Judicial Magistrate, 1st class, Dalsingsarai, Samastipur, subject to the conditions as laid down under Section 438(2) Cr. P. C.

(Sanjay Priya, J) JA/- U T