Gupta Baitha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47584 of 2014 Arising Out of PS.Case No. -307 Year- 2013 Thana -SIMRI BAKHTIARPUR District- SAHARSA ====================================================== Gupta Baitha Son of Nirmal Baitha, Resident of Rai Tola, Ward No. 2, Saharsa, Police Station- Saharsa, District- Saharsa .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satish Kumar Singh, Advocate For the Opposite Party/s : Mr. Binod Kumar No. 2(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 22-06-2015 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 409/420/34 of the Indian Penal Code.

The prosecution case is that the petitioner being the headmaster of the school misappropriated the money under the dress scheme in the name of son of the informant namely, Bikash Kumar Paswan.

It is submitted by learned counsel for the petitioner that the petitioner joined the school, in question, in 2010 and no payment in the name of son of the informant namely, Bikash Kumar Paswan was made in 2010. A statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent.

Patna High Court Cr.Misc. No.47584 of 2014 (3) dt.22-06-2015 2/2 Considering the aforesaid facts, let the above named petitioner be released on provisional anticipatory bail for four months, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saharsa in connection with Bakhtiyarpur (Balwahat) P.S. Case No.307 of 2013, subject to the conditions as laid down under Section 438(2) Cr.P.C. The provisional bail of the petitioner will be confirmed by the learned court below on submitting appropriate document by the petitioner suggesting that no payment was made in favour of son of the informant namely, Bikash Kumar Paswan in the year 2010, otherwise the petitioner will surrender and pray for regular bail.

(Dinesh Kumar Singh, J) Ashwini/- U T