Shankar Rajak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54412 of 2016 Arising Out of PS.Case No. -394 Year- 2015 Thana -BEGUSARAI MUFFASIL DistrictBEGUSARAI ====================================================== Shankar Rajak, Son of late Ramotar Rajak, Resident of Village- Chilmil, P.S.- Muffasil, District- Begusarai.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashish Kumar For the Opposite Party/s : Mr. Anand Mohan Prasad Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 17-03-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Begusarai Muffasil P.S. Case No. 394 of 2015 registered under Sections 409/420 of the Indian Penal Code. Learned counsel appearing on behalf of the petitioner submits that petitioner was posted in the School as Assistant Teacher and the alleged misappropriated money was allotted in the name of Headmaster namely, Md. Hamiuddin for construction of the School building, who is wholly responsible for the said money. On perusal of Annexure nos.- 2 and 3, it would appear that petitioner had no concern with any kind of financial transaction till 15.03.2012, because the Headmaster of the said

Patna High Court Cr.Misc. No.54412 of 2016 (4) dt.17-03-2017 2/2 School has given an application to the concerned Bank for adding the name of this petitioner in the joint account and also the Headmaster has given the certificate to the effect that there are no any dues over the petitioner. Further submission is that co-accused persons namely, Md. Hamiuddin and Rubi Devi, as detailed in Annexure nos.- 4 and 5, have already been allowed anticipatory bail by different Benches of this Court vide Cr. Misc. No. 8638 of 2016 and Cr. Misc. No. 47575 of 2016 respectively. Having considered the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of four 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 the C.J.M., Begusarai in connection with Begusarai Muffasil P.S. Case No. 394 of 2015, subject to the condition as laid down under Section 438(2) of the Cr. P.C.