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Patna High CourtCR. MISC./8460/2017rejected

Isha Bedil @ M. Isa Bedil v. The State Of Bihar

2017-03-08Mr. Justice Prabhat Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8460 of 2017 ====================================================== Isha Bedil @ M. Isa Bedil Son of Late Sheikh Bhola Resident of Village + P.O. - Amari, P.S. - Khodawandpur (Chhaurahi O.P.), District - Begusarai. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Ambika Bhagat, Adv. For the Opposite Party/s : Mr. Madhuranand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 08-03-2017 Heard both sides.

The petitioner apprehends his arrest in Khodawandpur (Chhaurahi O.P.) P.S. Case No. 94/2016 registered under Sections 406 and 420 of the Indian Penal Code. Mr. Ambika Bhagat learned counsel for the petitioner submits that the prayer for anticipatory bail of the petitioner was earlier rejected vide order dated 13.01.2017. The petitioner again filed this petition for grant of anticipatory bail only because the learned counsel for the informant referred letter no. 417 dated 16.12.2011 issued by Block Education Officer, Chhaurahi, Begusarai and submitted that the name of the petitioner does not find place in the aforesaid letter, as a teacher of the school, although, the informant took money for appointment of the

Patna High Court Cr.Misc. No.8460 of 2017 (2) dt.08-03-2017 2/3 petitioner on the post of teacher.

Learned counsel for the petitioner submits that name of those teachers appeared in the said letter who were appointed prior to 16.12.2011. The informant was appointed in the school on 27.12.2012. It is submitted that the informant mislead the court and the petitioner has not taken any money from the informant. On the other hand, learned counsel for the informant vehemently opposed the prayer for anticipatory bail of the petitioner and submitted that on one pretext or the other, the petitioner again filed this anticipatory bail without having any new ground.

Mr. Ambika Bhagat learned counsel for the petitioner further submits that the petitioner is ready to return the money alleged to have been taken from the informant. Considering the facts aforesaid, I do not find any fresh ground to re-consider the prayer for anticipatory bail of the petitioner. Accordingly, this modification petition is rejected. If the petitioner returns the money alleged to have been taken from the informant within three months from today and surrenders in the court below along with the informant, learned court below shall consider the regular bail of the petitioner, taking into consideration that the money

Patna High Court Cr.Misc. No.8460 of 2017 (2) dt.08-03-2017 3/3 alleged to have been taken from the informant has already been handed over to him and learned court below shall dispose of the regular bail petition of the petitioner preferably on the same day. (Prabhat Kumar Jha, J.) Vinita/- U T