Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15970 of 2018 Arising Out of PS.Case No. -177 Year- 2017 Thana -GARAUL District- VAISHALI(HAJIPUR) ======================================================

1. Rakesh Kumar S/o Mahendra Rai, R/o Village- Bhanpur Bareba, P.S.- Goraul, Distt.- vaishali.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kaushal Kishor For the Opposite Party/s : Mr. Sri Ajay Kumar -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 06-04-2018 Heard the learned counsels for the parties.

The petitioner seeks bail in anticipation of his arrest in connection with Goraul P.S. Case No. 177/2017 dated 21.07.2017 instituted for the offences under Sections 420 and 409 of the Indian Penal Code.

The petitioner is alleged to have defalcated the scholarship amount which was given to him to be distributed amongst needy/meritorious students. Though, the F.I.R. indicates that several opportunities were given to the petitioner to distribute the amount of scholarship but later, it was found that an amount of Rs. 4,60,000/- had not been distributed by the petitioner. Learned counsel appearing for the petitioner, however, has submitted that some undesirable elements in the village prevented the petitioner from distributing the scholarship amount as

Patna High Court Cr.Misc. No.15970 of 2018 (2) dt.06-04-2018 2/2 they wanted their commission in the aforesaid amount. The petitioner was not agreeable for the same and therefore, he lodged a written report before the Officer In-charge of Goraul Police Station, on which Goraul P.S. Case No. 173/2017 was instituted for various offences against some of the named accused persons therein. Whatever amount could not be distributed has been deposited by the petitioner in the bank, receipts of such deposit having been brought on record as Annexure-3 colly. Considering the aforesaid facts, the petitioner above named is directed to be released on bail, in the event of his surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on his furnishing bond in the sum of Rs.

10,000/- (Ten Thousand), with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Goraul P.S. Case No. 177/2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Ashutosh Kumar, J.) Rakhi U T