Ajit Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54044 of 2017 Arising Out of PS.Case No. -111 Year- 2016 Thana -GHORASAHAN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Ajit Kumar Singh, son of Surendra Prasad Singh, resident of VillageMathiya Bhopat Pur, P.S.- Lakhaura (Ghorasahan), District- East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Singh For the Opposite Party/s : Mr. Smt. Renuka Ratnakar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 15-01-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Ghorasahan (Lakhaura) P.S. Case No. 111 of 2016 instituted for the offence under Sections409, 120B/34 of the Indian Penal Code. It has been submitted on behalf of the petitioner that he has been transferred from Primary School Laheriatola to Middle School, Amnour, Purnea and he handed over his charge on 09-02-2012. The charge report is enclosed as Annexure-3 wherein it has been mentioned that no money with regard to any school account is pending with the petitioner. Counsel for the petitioner has submitted that first installment of Rs. 674350/- was sanctioned to the school. The petitioner received Rs. 4,48,000/- for construction of building. He completed the work upto lintel level which will be apparent from Annexure-2, which is

Patna High Court Cr.Misc. No.54044 of 2017 (2) dt.15-01-2018 2/2 certificate issued by the then Engineer, Bankatwa, Motihari, East Champaran who approved the aforesaid work.

In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner named above in the event of his arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with in Ghorasahan (Lakhaura) P.S. Case No. 111 of 2016 to the satisfaction of learned Sub Divisional Judicial Magistrate, Sikrahana at Dhaka, East Champaran, Motihari subject to condition as laid down u/S 438(2) of the 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 present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason, will liable to 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) A.K.V.