Hareram Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25961 of 2020 Arising Out of PS. Case No.-443 Year-2018 Thana- TAJPUR District- Samastipur ====================================================== Hareram Ray, aged about 55 years, male, Son of Pitambar Ray, Resident of Village-Mehsi, P.S.-Bibhutipur, District-Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pranav Kumar, Adv.

For the Informant :

Mr. Abhay Shanker Singh, Adv.

For the State :

Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 13-10-2020 Heard Mr. Pranav Kumar, learned counsel for the petitioner, Mr. Abhay Shanker Singh, learned counsel for the informant and Mr. Prem Kumar Jha, learned APP for the State.

The petitioner seeks bail in connection with Tajpur P.S. Case No. 443 of 2018, dated 22.12.2018, instituted for the offences under Sections 406, 409, 420, 467, 468, 471 and 504 of the Indian Penal Code.

Patna High Court CR. MISC. No.25961 of 2020(2) dt.13-10-2020 2/3 The case has been lodged by the Chairman of Indira Gandhi Ramji Roy Higher Secondary College, Nikaspur, in the district of Samastipur, where the petitioner worked as In-charge Principal and is alleged to have defalcated the fund meant for the benefit of the students of the college.

It has been submitted on behalf of the petitioner that an absolutely false case has been lodged against him without any documentary proof of the allegations raised against him. It has further been submitted that it is an absolutely wrong statement that the petitioner is the suspended Principal of the college. In fact, he has validly been appointed as the Principal of the college. The petitioner has also filed a complaint against the informant of the present case.

One of the co-accused persons of this case, viz., Satyendra Jha has been granted anticipatory bail by the Court below about which reference has been made in paragraph 14 of the bail application.

As opposed to the aforesaid contention, learned

Patna High Court CR. MISC. No.25961 of 2020(2) dt.13-10-2020 3/3 counsel for the informant as also of the State have submitted that the petitioner, in his capacity as In-charge Principal, has defalcated approximately an amount of Rs. 40,00,000/-, which otherwise would have been utilized for the benefits of the students of the college.

However, regard being had to the fact that the petitioner is in custody since 06.03.2020 and charge-sheet has been submitted in this case, he is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Samastipur in connection with Tajpur P.S. Case No. 443 of 2018.

The application stands allowed.

(Ashutosh Kumar, J) Praveen-II/- U T