Ramesh Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24766 of 2019 Arising Out of PS. Case No.-7 Year-2019 Thana- SATHI District- West Champaran ====================================================== RAMESH PRASAD Son of Jamuna Prasad Resident of Mohalla - Chanpatia Chota Chowk, Back side of Durga Mandir, P.S.- Chanpatia, Distt.- West Champaran ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nishant Kumar Sinha For the Opposite Party/s :

Mr.Ajay Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 02-08-2019 The petitioner apprehends his arrest in connection with Sathi P. S. Case No. 07 of 2019 registered under Sections 406, 419, 420, 467, 468 and 471 of the Indian Penal Code. Allegation against the petitioner, as per FIR lodged by the Professor-In-Charge of the college, is that petitioner after misusing password of the college, fraudulently claiming himself as Principal of the College, committed financial irregularities in the name of filling up of examination form and admission etc. FIR further disclosed that another case bearing Sathi P.S.Case No. 79 of 2017 was also lodged against the petitioner for committing financial irregularities and cheating.

Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has falsely been implicated in this case by the Professor-in-charge of the college, which is being run by a private management committee and is an affiliated college. Learned counsel further submits that there is rivalry

Patna High Court CR. MISC. No.24766 of 2019(5) dt.02-08-2019 2/2 between the petitioner and the informant inasmuch as petitioner was also a Principal of the College and has now retired. Learned counsel submits that out of five cases lodged against the petitioner, as disclosed in paragraph-3 of the supplementary affidavit filed by the petitioner, four cases have been lodged by the present informant and one was lodged by the police relating to law and order maintained by the police. .

After having heard learned counsel for the parties and taking into consideration the fact that there is rivalry between the petitioner and the informant and no specific allegation is there regarding defaulcation of fund of the college by the petitioner, as such I am inclined to grant anticipatory bail to the petitioners. Let the petitioner, above-named, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt of a copy of this order, be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned CJM, Bettiah at West Champaran in connection with Sathi P.S.Case No. 07 of 2019; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) sujit/- U T