Vimal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49862 of 2018 Arising Out of PS.Case No. -224 Year- 2017 Thana -BELAGANJ District- GAYA ====================================================== Vimal Kumar, Son of Shinvarayan Prasad, resident of Village - Murgav, P.S.- Chakand, District- Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeev Kumar For the Opposite Party/s : Mr. Manish Kumar 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 01-10-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 409 and 420 of the Indian Penal Code.

Petitioner is headmaster/in-charge headmaster and allegation against him is that he defalcated the money meant for Midday Meal Scheme by showing excess presentation of the students.

It has been submitted on behalf of the petitioner against the recovered of alleged defalcated amount, petitioner has preferred C.W.J.C. No. 14615 of 2016 wherein the order of recovery has been stayed by a Bench of this Court. It

Patna High Court Cr.Misc. No.49862 of 2018 (2) dt.01-10-2018 2/2 has further been stated that on enquiry, the students were found in tune with the admission register and, as such, he has falsely been implicated in this case.

Considering the aforesaid facts, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with Belaganj Police Station Case No. 224 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Kundan/- U T