Uday Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30377 of 2022 Arising Out of PS. Case No.-4 Year-2022 Thana- RUDRAPUR District- Madhubani ====================================================== UDAY KUMAR JHA Son of Late Kamala Kant Jha Resident of Village - Kanhauli, P.s.- Sakari, Distt.- Madhubani , At Present working as Incharge principal, Kirti Narayan Kamakhya Sanskrit, College, Mahrail, P.s.- Rudrapur, Distt.- Madhubani.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Narayan Mishra Son of Late Kirti Narayan Mishra Resident of Village - Mahrail, P.s.- Rudrapur, Distt.- Madhubani.

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

For the Petitioner/s :

Mr.Durga Nand Jha, APP Mr. Ram Naresh Jha, Adv.

For the Opposite Party/s :

Mr.Arvind Kumar Pandey, App-84 ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 08-02-2023 Learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month. Heard learned counsel for the petitioner as well as learned APP for the State.

The petitioner apprehends his arrest in connection with Rudrapur P.S. Case No. 04 of 2022, registered for the offences punishable under Sections 420, 406, 467 and 468 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that the petitioner is Principal and the informant is Secretary of Kirti Narayan Kamakhya Sanskrit College, Mahrail, Madhubani. As a matter of fact, the niece of the informant was applicant for appointment of

Patna High Court CR. MISC. No.30377 of 2022(4) dt.08-02-2023 2/2 Clerk but she could not be appointed. It was the reason that the Secretary has made allegation against the petitioner of committing irregularities in recruitment process. Learned counsel has submitted further that the University also did not find allegation true against the petitioner. Moreover, both the parties have compromised the case. On the other hand, learned Addl.P.P., though opposed the prayer for bail but has admitted fairly that in paragraph No. 55 and 58, the independent witnesses did not support the allegation. Considering the above-mentioned facts and circumstances, let the petitioner, in the event of his arrest or surrender within four weeks before the learned court below, 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 learned Chief Judicial Magistrate, Jhanjharpur, Madhubani in connection with Rudrapur P.S. Case No. 04 of 2022, subject to the conditions as laid down under Section 438(2) Cr.P.C. Office shall ensure that all defects are removed by the petitioner within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court.