Eknath Pathak v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34450 of 2019 Arising Out of PS. Case No.-13 Year-2019 Thana- KHODAWANDPUR District- Begusarai ====================================================== EKNATH PATHAK Son of Late Bindeshwari Pathak Resident of VillagePahsara, P.S.-Nawkothi, District-Begusarai at present working as Principal of Mahant Ramakant Das Inter College, Meghaul, Begusarai. ... ... Petitioner/s
Versus
THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ugranath Mallik For the Opposite Party/s :
Mr.Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-09-2019 Heard learned counsel for the parties.
Petitioner is apprehending his arrest in connection with Khodabanpur P.S.Case No.13/19 , registered for offences punishable under Sections 419, 420, 467, 468, 379/34 of the Indian Penal Code and Section 66(C )(D) of the IT Act. Prosecution allegation as per the FIR is that the Bihar School Examination Board, Patna issued a new password to the informant after stopping the old password of the then Incharge Principal Sri Eknath Pathak and the registration for the Sessions 2018-2010 of all the faculties has to be made by new ID and password but the petitioner continued to send the registration of new students on the basis of the password issued to the
Patna High Court CR. MISC. No.34450 of 2019(4) dt.05-09-2019 2/3 informant collecting money from them and he was absconder in one more case.
Submission of the learned counsel for the petitioner is that as a matter of fact he was appointed as the Incharge Principal by the Managing Committee of the school and till he was principal he has got 262 candidates registered in the Intermediate Board and deposited the amount to the Bihar School Examination Board also. It is further submitted that so far allegation of use of the I.D. and the password of the informant is concerned, it appears to be false and concocted. Heard learned A.P.P. and the learned counsel for the informant. They have opposed the prayer for bail on the ground that the petitioner has criminal antecedent also. He is accused in other cases also .
Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender within a period of two weeks from the date of receipt of the order before the learned court below, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned CJM,
Patna High Court CR. MISC. No.34450 of 2019(4) dt.05-09-2019 3/3 Begusarai in connection with Khodabanpur P.S.Case No.13 of 2019, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure with further condition that he will co-operate in the investigation and appear before the police as and when required.
With the above direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T