Argha Nand Sharma And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.72678 of 2018 Arising Out of PS. Case No.-164 Year-2018 Thana- BIHTA District- Patna ======================================================
1. Argha Nand Sharma, Son of Late Sarbanand Sharma, Resident of Village Samasthu Asthan, Bihta, P.S. Bihta, District- Patna.
2. Lallan Prasad, Son of Late Jhagru Singh, Resident of Village Mohanpur Doghra, presently at Chandra Deo Prasad Verma College, Simri, P.S. Bihta, District- Patna.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sada Nand Roy For the Opposite Party/s :
Mr.Sri Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 20-12-2018 Mr. Vikramdeo Singh, learned counsel for the petitioner seeks permission to withdraw the petition with respect to petitioner no. 2 as it has become infructuous with his arrest.
The prayer is allowed.
The application with respect to the petitioner no. 2 is dismissed as having become infructuous.
The petitioner no. 1 seeks bail in anticipation of his arrest in connection with Bihta P. S. Case No. 164 of 2018
2/4 dated 19.02.2018 instituted for the offences under Sections 420, 409 and 34 of the Indian Penal Code.
The subject F.I.R. has been registered by a police officer alleging that despite one Ramesh Prasad Verma having been appointed as the Principal of the college in question, the petitioner no. 1 did not hand over the charge and forcibly accepted the fee of about 1259 students for B.A. Part-II examination, which was to be held in the year 2017. As a result of the aforesaid unauthorized admission of the students, a huge amount of money was made to be deposited by unsuspecting students. Those students could not thereafter appear in the examination because the university in question did not grant affiliation to the college for the year 2017.
Mr. Vikramdeo Singh, learned advocate appearing for the petitioner has pointed out that because of this, there were two other F.I.R.s instituted against the petitioner and others about which reference has been made in paragraph 3 of the petition.
In the aforesaid two cases which have been lodged
3/4 by the students but which pertain to the admission of those students for the year 2017 for which ultimately affiliation from the university was not given, the petitioner has been granted anticipatory bail by a Bench of this Court. It has further been submitted that the amount so deposited is still lying with the college and there is no allegation whatsoever of the amount so collected from the students to have been pocketed or embezzled by the petitioner.
Learned counsel for the petitioner further submits that assuming every allegation in the F.I.R. to ex facie true, no offence under Section 409 of the I.P.C. can at all be said to have been made out.
Considering the aforesaid facts, the petitioner no. 1, above-named, is directed to be released on bail, 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, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned
4/4 Additional Chief Judicial Magistrate, Danapur in connection with Bihta P. S. Case No. 164 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C. (Ashutosh Kumar, J) skm/- U