← Library
Patna High CourtCR. MISC./159/2017allowed

Manoj Kumar @ Manoj Kumar Singh v. The State Of Bihar

2017-02-10Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.159 of 2017 Arising Out of PS.Case No. -129 Year- 2016 Thana -MADANPURA District- AURANGABAD ====================================================== Manoj Kumar @ Manoj Kumar Singh S/o Surit Singh, R/o Village Barun Dih , P.S.- Barun, District- Aurangabad. At Present Posted as Panchayat Teacher , Naushrijeet Rastriya Prathamik Vidyalya, Dadapi, P.S. Madanpur , District- Aurangabad.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Ashok Kumar Singh, Advocate For the Opposite Party : Mr. Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 10-02-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with C.J.M., Aurangabad, in connection with Madanpur P.S. Case no. 129 of 2016 registered under Sections 409 and 420/34 of the Indian Penal Code.

Learned counsel appearing on behalf of the petitioner submits that he has been made accused in this case only because presently he is Incharge of the school. Actually, total allotted amount was withdrawn by previous Headmaster, namely, Sikandar Ram, of the school, which would appear from Annexure-2 to the petition. After death of the Headmaster, petitioner took charge of

Patna High Court Cr.Misc. No.159 of 2017 (3) dt.10-02-2017 2/2 the school, which is also appearing from Annexure-3 to the petition, and at that time balance in the school account was Rs.59,565/- , which is apparent from the statement (Annexure-4 to the petition). Petitioner had never defalcated any Government money.

Learned A.P.P. opposed the prayer for anticipatory bail.

Having considered facts and circumstances of the case, let above named petitioner, in the event of arrest or surrender before the learned court below within a period of four weeks from today, be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned C.J.M., Aurangabad, in connection with Madanpur P.S. Case no. 129 of 2016 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) sudip/- U T