Manoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54169 of 2015 Arising Out of PS.Case No. -80 Year- 2015 Thana -PARASBIGHA District- JEHANABAD ====================================================== Manoj Kumar, son of Sri Punai Vishwakarma, resident of villageLakhapur, P.S.- Paras Bigha, District- Jehanabad, presently posted as Incharge, Headmaster, Middle School, Lakhapur. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Lakshmi Kant Sharma, Advocate For the Opposite Party/s : Mr. Ram Bachan Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-03-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Paras Bigha P.S. Case No. 80 of 2015 for the offences instituted under Sections 406, 409 and 420 of the Indian Penal Code.

The prosecution story, in brief, is that the informant, a Block Education Officer, Ratani Faridpur, has alleged that the petitioner being In-charge Headmaster of Middle School, Lakhapar, is said to have committed irregularity in distribution of government money of Rs. 15,44,500/- meant for dress and scholarship amongst the students of the school and that he also stopped mid-day meal, which complaint has been made before the

Patna High Court Cr.Misc. No.54169 of 2015 (4) dt.11-03-2016 2/3 District Magistrate, Jehanabad in presence of the District Education Officer, Jehanabad who along with the informant inspected the school where the school was found locked and the petitioner was also not found present. Thereafter, it is alleged that in spite of the requisition made by the District Education Officer, Jehanabad, the relevant registers were not produced before him by the petitioner. Accordingly, the First Information Report has been registered.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. Petitioner has been made accused due to mistake of fact. The remaining amount after the expense is still lying in the Bank account of the School. It has further been submitted that the petitioner is ready to deposit an amount of Rs. 50,000/- in the court below, which shall be subject to the final disposal of the case.

On behalf of the State, it has been submitted that the petitioner is named in the First Information Report. Considering the aforesaid facts and circumstances, it is directed that the petitioner shall deposit an amount of Rs. 50,000/- in the court below, which shall be subject to the final disposal of the case and on doing so, let the petitioner abovenamed, be released on bail in the event of his arrest or surrender

Patna High Court Cr.Misc. No.54169 of 2015 (4) dt.11-03-2016 3/3 before the learned court below within a period of six weeks from today in connection with Paras Bigha P.S. Case No. 80 of 2015 on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st Class, Jehanabad, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Vats/- U T