Sachidanand Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56304 of 2015 Arising Out of PS.Case No. -212 Year- 2015 Thana -BEGUSARAI TOWN District- BEGUSARAI ====================================================== Sachidanand Singh, son of Late Shree Narayan Singh, R/o VillageSamastipur, P.O. & P.S.- Sahebpur Kamal, District - Begusarai, at present Lohiya Nagar, Ward No. 28, P.S. - Lohiya Nagar O.P. Post - Suhadnagar, District - Begusarai.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Chandan Kumar Kashyap, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 3 25-01-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Begusarai Town P.S. Case No. 212 of 2015 registered under Section 409 of the Indian Penal Code.

It is contended that the petitioner has already retired on attaining the age of superannuation on 31.12.2014. The allegation of embezzlement against him is apparently false. The District Programme Officer, Begusarai vide order dated 22.09.2015 as contained in memo No. 3827 (Annexure-4) directed the petitioner to deposit Rs. 1,34,484/- in favour of Sarva Shiksha Abhiyan and the said money has already been

Patna High Court Cr.Misc. No.56304 of 2015 (3) dt.25-01-2016 2 / 2 deposited by the petititioner through demand draft on 16.10.2015.

On the other hand, learned counsel for the State has opposed the application for grant of anticipatory bail. He has submitted that the petitioner had withdrawn Rs. 25 lakhs while he was Headmaster of the Madhya Vidayalaya, Mohanpur. He has further contended that there are serious allegations against him and while in service the petitioner did not hand over the charge to any other teacher. Hence, it would be apparent that he has embezzled government money.

Be that as it may, regard being had to the facts and circumstances of the case, in the event of arrest or surrender in the court below within six weeks from today, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai in connection with Begusarai Town P.S. Case No. 212 of 2015 subject to the conditions as laid down under Section 438(2) Cr. P.C.

(Ashwani Kumar Singh, J.) Sanjeet/- U T