Dr. Bipin Bihari Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.68354 of 2018 Arising Out of PS. Case No.-164 Year-2018 Thana- SARAIYA District- Muzaffarpur ====================================================== Dr. Bipin Bihari Singh, Son of Late Arjun Singh, Resident of Village- Sheetal Bhakurhar, P.S.- Saraiya, District- Vaishali, Presently working as Principal, Ramshresth Singh College, Chochaha, Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun Kumar For the Opposite Party/s :

Mr. Sri Manish Kumar 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 18-12-2018 Heard counsel for the petitioner and counsel appearing on behalf of the State.

The petitioner is apprehending arrest in connection with Saraiya P.S. Case No. 164 of 2018 for offences under Sections 409, 420, 466, 467 and 468 of the Indian Penal Code. Counsel for the petitioner submits that the petitioner has no criminal antecedents. At the relevant time, the petitioner was Professor In-Charge and he has received the fees and forms and the same were deposited to the University. He further submits that the petitioner has transmitted the fees through Bank Account. The successor Professor In-charge has filed the instant case in which the petitioner has been made accused.

Learned counsel for the petitioner further submits by way of supplementary affidavit that the petitioner was put

Patna High Court Cr.Misc. No.68354 of 2018(2) dt.18-12-2018 2/2 under suspension in connection with the allegation of embezzlement and his suspension was subsequently revoked by the Governing Body of the College.

Considering the fact that the petitioner has no criminal antecedent and he has been regularly working in the college for the last 25 years and as per the petitioner's counsel the entire fees and forms were deposited in the account of the University and entire transaction was done through bank and it is a matter of accounting and the suspension of the petitioner was subsequently revoked by the Governing Body of the College, let the petitioner, above named, in the event of arrest or surrender within four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, 1st, (West) Muzaffarpur in connection with Saraiya P.S. Case No. 164 of 2018, subject to the conditions as laid down under Section 438(2) Cr. P. C. (Anil Kumar Upadhyay, J) mdrashid/- U T