Rajesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50903 of 2018 Arising Out of PS.Case No. -132 Year- 2018 Thana -DELHA District- GAYA ====================================================== Rajesh Kumar Son of Shakendra Prasad, resident of Budha Vihar Colony, Bhaluahi, Kharkhura, P.S.- Delha, District- Gaya, the then Director, Magadh Technical Training College, Gaya.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Arun Kumar, Adv. For the Opposite Party/s : Mr. Mukeshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 19-09-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in Delha P.S. Case No. 132/2018, registered for the offences punishable under Sections 467, 468, 471 and 420 of the Indian Penal Code. It has been alleged that petitioner being the then Director, Magadh Technical Training College, Gaya, took Rs. 4,500/- from the informant as Tuition Fee for Automobile Engineering Diploma Course.
It is submitted on behalf of petitioner that informant never attended classes and accordingly was not awarded any certificate. Petitioner never claimed that his institute is recognized by A.I.C.T.E. or has affiliation from University. It was only a study centre of Vinayaka Mission University under Distance
Patna High Court Cr.Misc. No.50903 of 2018 (2) dt.19-09-2018 2/3 Education.
It has been submitted that petitioner has falsely been implicated in the case. F.I.R. is not based on correct facts. Petitioner has no criminal antecedent.
Considering the facts aforesaid, the petitioner abovenamed, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate VIIth, Gaya in connection with Delha P.S. Case No. 132/2018, subject to the conditions:
(1.) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2.) Petitioner shall co-operate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel his bail bonds.
(3.) If the petitioner tampers with the evidence or the witnesses of the case, in that case,
Patna High Court Cr.Misc. No.50903 of 2018 (2) dt.19-09-2018 3/3 prosecution will be at liberty to move for cancellation of bail of the petitioner.
(S. Kumar, J) Vinita/- U T