Hari Narayan Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35218 of 2021 Arising Out of PS. Case No.-1 Year-2021 Thana- KINJAR District- Jehanabad ====================================================== HARI NARAYAN SHARMA, age 62 (M), Son Of Late Sita Ram Sharma, Resident of Village - Jhunathi, P.S.- Kinjar, Distt.- Arwal. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Manoj Kumar, Advocate For the Opposite Party :
Mr. Uday Pratap, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-02-2022 Heard learned counsel for the petitioner and learned counsel for the State through Virtual mode.
Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks.
The petitioner is apprehending his arrest in connection with Kinjar P.S. Case No. 01 of 2021 for the offence registered under Sections 409/34 of the I.P.C. The prosecution story, in brief, is that on 27.08.2020 in Letter No. 655 dated 07.08.2020, the petitioner being the retired Incharge Headmaster and the Assistant Anil Kumar have not handed over the financial and non-financial charge.
Patna High Court CR. MISC. No.35218 of 2021(2) dt.25-02-2022 2/3 It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has been made accused in the present case due to mistake of fact. As per allegation, the petitioner being the Headmaster had not handed over the financial charge to his successor. There is no allegation of misappropriation of fund alleged against the petitioner. A supplementary affidavit has been filed on behalf of the petitioner stating that the financial charge has also been handed over by him and due to some personal difficulty there was a delay in handing over the charge.
On behalf of the State, it is submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances of the case, let the petitioner above named, in the event of arrest or surrender before the learned court below within a period of twelve 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 each to the satisfaction of the learned A.C.J.M. 3rd or concerned court, Arwal, in connection with Kinjar P.S. Case No. 01 of 2021, subject to the
Patna High Court CR. MISC. No.35218 of 2021(2) dt.25-02-2022 3/3 conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) U.K./- U T