Abdul Ghaffar v. The State Of Bihar
Patna High Court Cr.Misc. No.52824 of 2016 (6) dt.27-02-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.52824 of 2016 Arising Out of PS.Case No. -394 Year- 2015 Thana -BEGUSARAI MUFFASIL DistrictBEGUSARAI ====================================================== Abdul Ghaffar, Son of Safik Uddin, 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, Advocate. For the Opposite Party/s : Mr. Sri Anand Mohan Prasad Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 27-02-2017 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 and 420 of the Indian Penal Code. The accusation is of misappropriation of Rs.25,31,460/- allotted for construction of the school building by Md. Hamiduddin, retired headmaster of Upgraded Middle School Hardiya, Begusarai.
Learned counsel for the petitioner submits that petitioner was posted as Senior Teacher at Upgraded Middle School Hardiya, Begusarai, in between 05.12.2010 to 10.11.2011
Patna High Court Cr.Misc. No.52824 of 2016 (6) dt.27-02-2017 and he was also the Incharge of Secretary of the school and after retirement of the petitioner, Md. Md. Hamiduddin, the then Head Master of School, issued 'No Dues Certificate' in respect to the petitioner, which was counter signed by the Block Education Officer, Begusarai, which would appear from annexure 2 to the application. It is further submitted that co-accused, Md. Hamiduddin, has already been granted privilege of anticipatory bail by this Court vide order dated 16.05.2016 passed in Criminal Misc. No. 8638 of 2016.
Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six 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 Chief Judicial Magistrate, 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.
(Rajendra Kumar Mishra, J) Bhardwaj/- U T