Indradeo Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53476 of 2017 Arising Out of PS. Case No.-12 Year-2017 Thana- SHAKURABAD District- Jehanabad ====================================================== Indradeo Sharma S/o Late Deonandan Singh Resident of Village Banshi, P.S. - Bansi, District - Arwal (Bihar) at present Incharge Principal Magadh Mahavidyalaya Shakurabad, Jehanabad (Bihar).

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Ranjeet Tiwary For the Opposite Party/s :

Mr. Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 01-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Shakurbad P.S. case no. 12 of 2017, instituted for the offence under Section(s) 420 and 406 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that the informant has falsely alleged himself as secretary in the working committee of the college without any valid paper. It is further submitted that on 10.03.2017 (Annxure-3) the chairman of the Managing committee of the college issued letter to the Bank as well as the Registrar of the Magadh University that the petitioner is incharge principal of the college and he will operate the bank account along with Secretary Binod Kumar Singh. It is

Patna High Court Cr.Misc. No.53476 of 2017(4) dt.01-02-2018 2/3 further submitted that it is false to say that no audit of the college was done. Learned counsel enclosed the audit report (Annexure-4) where in it has been mentioned that all proper books of accounts as required have been kept by the Institution as would appear from the examination of those books. Learned counsel for the petitioner has further submitted that FIR, as alleged by the petitioner lodged on 14.01.2017 whereas the decision of the committee has been taken on 25.11.2017 which is enclosed with the F.I.R. On the basis of which, the FIR has been filed.

In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender / arrest of the petitioner, named above, within six weeks from today in connection with Shakurabad P. S. case no. 12 of 2017, he shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Sub Judge Jehanabad subject to the conditions as laid down under Section 438(2) Cr. P. C. with further conditions: (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned,(2) petitioner shall cooperate in the trial and shall be

Patna High Court Cr.Misc. No.53476 of 2017(4) dt.01-02-2018 3/3 present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) shyambihari/- U T