Deoki Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49769 of 2017 Arising Out of PS.Case No. -20 Year- 2016 Thana -SALIMPUR District- PATNA ======================================================

1. Deoki Choudhary Son of Late Ram Narayan Choudhary resident of village - Paimar Ghat, P.S. - Punpun, District - Patna at present posted at the post of Incharge Head Master, Middle School Kala Diara, P.S. Salimpur, District - Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bhola Kumar For the Opposite Party/s :

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 08-11-2017 Heard the learned counsel for the petitioner. Nobody appeared on behalf of the State.

The petitioner apprehends arrest in connection with Salimpur P.S. Case No. 20 of 2016 instituted for the offences punishable under Sections 409 and 420/34 of the Indian Penal Code.

The prosecution case as per F.I.R. lodged by the Block Education Officer, Bakhtiyarpur is that two schools were inspected by the S.D.O., Barh, who found some irregularities in distribution of mid-day meal, school uniform and scholarship scheme. The petitioner is the in-charge Headmaster of one of the

schools situated at Kala Diara.

It has been submitted that for alleged irregularities, a departmental proceeding was initiated against this petitioner and he was put under suspension. After enquiry, the District Programme Officer withheld one increment with non cumulative effect and after vacating suspension, he was discharged from departmental enquiry. It has further been submitted that one Ranvijay Kumar has been granted anticipatory bail by one of the co-ordinate Bench of this Court in Criminal Miscellaneous No. 42741 of 2016 on 13.12.2016 and another co-accused Md. Harun Ansari has been allowed anticipatory bail by this Court in Criminal Miscellaneous No. 38052 of 2017 on 16.08.2017. The case of this petitioner stands on similar footing and so he also deserves anticipatory bail.

Considering the facts and circumstances as stated above, the anticipatory bail prayer is allowed. The petitioner, above named, in the event of arrest / surrender within six weeks from today, be released on bail on furnishing bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M, Barh, District-Patna, in connection with Salimpur P.S. Case No. 20 of 2016, subject to the condition as laid down under Section 438(2) of the Code

of Criminal Procedure.

(Sanjay Kumar, J) ajay gupta/- U T