Rahul Kumar Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34211 of 2020 Arising Out of PS. Case No.-251 Year-2019 Thana- MANJHI District- Saran ====================================================== RAHUL KUMAR MISHRA S/o Anil Mishra @ Anil Kumar Mishra R/o Village- Mohabat Parsa, P.S.- Revilganj, District- Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajkumar Rajesh For the informant:

Mr. N. K. Agrawal, Sr. Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-03-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioner is apprehending his arrest in a case registered under Sections 406 & 420 of the Indian Penal Code. It has been alleged by the Secretary of a private school that the petitioner, who was appointed as the Principal of that school and another have defalcated an amount of Rs. 25,00,000/- (Twenty five lacs) and has also retained the motorcycle belonging to the school management.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation

Patna High Court CR. MISC. No.34211 of 2020(2) dt.09-03-2021 2/3 of tampering of witnesses alleged against the petitioner. The petitioner has been falsely implicated in the present case for oblique reasons. The petitioner is accountant in the said school. There is absolutely no proof or evidence of the aforesaid allegation and only because the petitioner demanded his monthly salary, which was promised to him, the present case has been lodged. The petitioner has made an application before the Chief Secretary, Government of Bihar and to the Superintendent of Police also and the present case is an outburst of the said complaint filed by the petitioner. The other co-accused with similar allegation has been granted anticipatory bail by a coordinate bench of this court vide order dated 16-07-2020 passed in Cr. Misc. No. 18787 of 2020.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount to the satisfaction of learned Additional Chief Judicial Magistrate/concerned Court, Chapra in

Patna High Court CR. MISC. No.34211 of 2020(2) dt.09-03-2021 3/3 connection with Manjhi P.S. Case No. 251 of 2019 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V.//- U T