Pramod Kumar Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.18391 of 2018 Arising Out of PS. Case No.-24 Year-2018 Thana- RUPAULI District- Purnia ====================================================== Pramod Kumar Sah Son of Surendra Pd. Sah Resident of Village-Birauli P.S. Rupauli District Purnea.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ram Prawesh Kumar For the Opposite Party/s :
Mr. Sri Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 05-04-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner apprehends his arrest in Rupauli P.S. case no. 24 of 2018 instituted for the offence under Section(s) 406 and 420 of the Indian Penal Code.
Learned counsel for the petitioner submits that the petitioner joined in the school as Head Master in the year 1997 without any salary in the hope that the school will be taken over by the Government. The school in-question was a private school run by Managing Committee headed by Secretary. The School was not taken over by the Government but the Government gave aid to the School Management on the basis of the result of students in the Matriculation Examination from the year 2008. The Managing Committee headed by Secretary used to
Patna High Court Cr.Misc. No.18391 of 2018(2) dt.05-04-2018 2/3 distribute the amount of aid partially for which this petitioner raised objection and he was terminated from the School in 2014 and from then he stopped going to school. The instant case has been filed in the year 2018 after four years of the termination. The termination order has been annexed as Annexure-3 wherein there is no mention about any misappropriation of the aforesaid amount by the petitioner as mentioned in the written report.
In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Rupauli P.S case no. 24 of 2018, he shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM Ist, Purnea, subject to the conditions as laid down under Section 438(2) Cr. P. C. with further conditions:(1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the
Patna High Court Cr.Misc. No.18391 of 2018(2) dt.05-04-2018 3/3 petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Sanjay Priya, J) shyambihari/- U T