Prabhakar Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34360 of 2019 Arising Out of PS. Case No.-14 Year-2019 Thana- BAKHTIARPUR District- Saharsa ====================================================== PRABHAKAR CHAUDHARY Son of Late Kusheshwar Chaudhary Resident of Village - Murali Basantpur, Ward No. 13, P.S.- Bangaon, Block- Kahara, Distt - Saharsa.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Parth Gaurav For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-08-2019 Heard learned counsel for the parties.

Petitioner is apprehending his arrest in connection with Bakhtiyarpur P.S.Case No.14/2019 dated 8.1.2019 , registered for offences punishable under Sections 420, 406, 409, 467, 468 and 471 of the Indian Penal Code.

Allegation as per FIR is that the Block Education Officer, Simri Bakhtiyarpur has lodged a case with respect to embezzlement of government fund for scholarship, school dress, mid-day programme and other schemes. Petitioner is named in the FIR.

Submission of the learned counsel for the petitioner is that the matter was inquired into by the District Progrmme Officer but the report does not show any specific allegation

Patna High Court CR. MISC. No.34360 of 2019(3) dt.06-08-2019 2/3 against the petitioner and during the investigation it transpires the amount has been transferred to the account of relatives of the accused persons but not in the account of the petitioner or his relatives. It is also submitted that vide resolution of the school, he has authorized the co-accused Bindeshwri Ram for distribution of the aforesaid amount and the aforesaid Bindeshwari Ram has been granted bail by a Co-ordinate Bench of this Court, vide order dated 16.7.2019 passed in Cr. Misc. No.23848 of 2019 and the other accused persons who have been granted privilege of anticipatory bail vide order dated 23.4.2019 passed in Cr. Misc. No.25857 of 2019. Heard learned A.P.P.

, who has opposed the prayer for bail on the ground that the petitioner and other accused persons were found responsible for the aforesaid defalcation and the said Bindeshwari Ram has been granted bail on the ground that he has no role in distribution of the fund rather it is the Headmaster who is responsible for the same and the petitioner is the Headmaster of the school. Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, surrender before the learned court below by 16.8.

Patna High Court CR. MISC. No.34360 of 2019(3) dt.06-08-2019 3/3 and on surrender he will be released on bail in connection with Simri Bakhtiyarpur P.S.FIR No.14 of 2019 on condition that he will co-operate the authority concerned as well as the Investigating Officer in the investigation and the inquiry if any, however, if any serious incriminating materials is found against the petitioner, regarding embezzlement of the fund, the prosecution is at liberty to move for cancellation of the bail bond of the petitioner.

With the above direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T