Santosh Kumar Gupta @ Satosh Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42777 of 2021 Arising Out of PS. Case No.-839 Year-2020 Thana- FORBESGANJ District- Araria ====================================================== SANTOSH KUMAR GUPTA @ SATOSH KUMAR GUPTA S/O LATE BALRAM PRASAD GUPTA R/o village- Kirkichiya, P.S.- Forbesganj, District- Araria, Permanent Address Resident of Mohalla- Jamal Road, P.S.- Motihari, District- East Champaran (Motihari) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar Rana, Adv For the Opposite Party/s :

Mr. Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-07-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in a case registered for the offence punishable under sections 419, 420, 406, 467, 468, 471, 120B/34 of the Indian Penal Code.

Allegedly, a misappropriation of around Rs.19,47,215/- has been committed by the petitioner in the audit of records during his services in the Sri Rani Saraswati Vidya Mandir School, Forbesganj.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation

Patna High Court CR. MISC. No.42777 of 2021(3) dt.25-07-2022 2/2 levelled against the petitioner is not specific rather general and omnibus in nature. Petitioner is only assistant of the account section of the school and he does not deal in computer and cash receipt directly. Petitioner has been dismissed from the service on 27.06.2020 by the Principal and Secretary of the School. Petitioner has no criminal antecedent.

Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case , since the petitioner has been dismissed from the service, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in Forbesganj P.S. Case No. 839 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) shikha/- U T