Ram Prasad Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46467 of 2017 Arising Out of PS.Case No. -102 Year- 2017 Thana -SUPAUL District- SUPAUL ======================================================

1. Ram Prasad Yadav Son of Late Bhaiya Lal Yadav resident of village - Koshlipatti, P.S. Pipra, District - Supaul, at present Ward No. 9, Williams High School Road, Lohiyanagar, Town + P.S. + District - Supaul.

2. Vijay Kumar son of late Vinayak Prasad Yadav resident of village - Rampur, P.S. - Pipra, District - Supaul, at present Ward No. 9, Williams High School Road, Lohiyanagar, Town + P.S. + District - Supaul.

3. Rameshwar Prasad Yadav Son of late Kari Prasad Yadav Accountant Degree College, Supaul, resident of village Lohiyanagar, Ward No. 9, Town + P.S. + District - Supaul.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Rakesh Kumar Jha For the Opposite Party/s : Mr. Sri Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 22-09-2017 Heard both sides.

The petitioners apprehend their arrest in Supaul P.S. Case No. 102 of 2017 registered for the offences punishable under Sections 420, 406, 409, 120(B) and 34 of the Indian Penal Code. The informant, In-charge Principal, Degree College, Supaul alleged that the term of governing body expired on 13.12.2016 and new governing body was reconstituted on 23.01.2017 but the petitioner no. 1 being Secretary of the governing body, petitioner no. 2 Professor-in-Charge-cumPrincipal and petitioner no. 3 Accountant withdrew Rs. 4,04,540/-

Patna High Court Cr.Misc. No.46467 of 2017 (2) dt.22-09-2017 misappropriated the amount.

Learned counsel for the petitioners submits that the petitioners have not misappropriated any amount. The term of the governing body is up to August, 2017. It is a matter of rendition of accounts and if after rendition of accounts it is found that the petitioners have withdrawn any amount illegally the petitioners are ready to deposit the same.

Considering the facts aforesaid and nature of allegation, the petitioners above named in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Supaul in Supaul P.S. Case No. 102 of 2017, Subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) KKSINHA/- U T