Harilal Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36745 of 2016 Arising Out of PS.Case No. -82 Year- 2011 Thana -MAIRWA District- SIWAN ======================================================

1. Harilal Ram Son of Laxmi Ram Resident of Village - English, Jokhali Khan Ka Tola, Police Station - Mairwa, District - Siwan. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Raghav Prasad For the Opposite Party/s : Mr. Smt. Indu Bala Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 06-09-2016 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Mairwa Police Station Case No. 82 of 2011, disclosing offences under Sections 467, 468, 420, 120B of the Indian Penal Code.

The petitioner was the Secretary of Basic School, Siswa.

It is alleged that a sum of Rs. 90,000/- was given to the Headmaster of the School for the purpose of doing repair work of the School building and further, a sum of Rs. 1,19,531/- was also given to the Headmaster of the School for construction of the boundary wall around the School. After receiving the said amount, the Headmaster became traceless.

Learned Counsel appearing on behalf of the

Patna High Court Cr.Misc. No.36745 of 2016 (2) dt.06-09-2016 2/2 petitioner has submitted that the Headmaster of the School has deposited the entire amount. He further submits that no offence is made out against this petitioner and there is no chance of tampering with the evidence by the petitioner. Considering the above submission, this application is allowed.

Let the petitioner, Harilal Ram, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Siwan, in connection with Mairwa Police Station Case No. 82 of 2011, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √