Patna High CourtCR. MISC./49644/2015bail granted

Krishna Prasad Yadav v. The State Of Bihar

2015-11-06Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49644 of 2015 Arising Out of PS.Case No. -329 Year- 2015 Thana -MARHAURA District- SARAN ======================================================

1. Krishna Prasad Yadav Son of late Jagdish Rai Resident of Village - Ramchak, P.s Marhoura, District Saran (Chapra) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajesh Kumar Singh For the Opposite Party/s : Mr. A.Haque Sahara(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 06-11-2015 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 and 420 of the Indian Penal Code.

It is alleged that the petitioner being Headmaster of Primary School, Piparpati after being transferred to the Primary Girls School, Bardahiya, withdrew twenty five rupees from the account of the school.

It is submitted by the learned counsel for the petitioner that though the petitioner was transferred and the informant was given charge vide memo no. 272 dated 2.7.2015 issued by the Block Education Officer, Marhaura, Saran as contained in Annexure 2 but the District Program Officer, Prarambhik Shiksha

Patna High Court Cr.Misc. No.49644 of 2015 (2) dt.06-11-2015 2/2 Avam Sarva Siksha Abhiyan, Saran vide memo no. 1148/SSA dated 22.8.2015 as contained in Annexure 5 stayed the transfer of the petitioner for completing the construction work. Subsequently, on 1.9.2015 the petitioner withdrew money for completing the construction work but on 2.9.2015 the petitioner deposited the amount in the account of the school. Deposit receipt of the bank has been brought on record as Annexure 6.

Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve 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 learned CJM, Saran at Chapra in connection with Marhoura P.S. Case No.329 of 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C.

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