Jitendra Kumar Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38135 of 2022 Arising Out of PS. Case No.-159 Year-2019 Thana- AGIAON District- Bhojpur ====================================================== JITENDRA KUMAR PANDEY Son of Late Sacchita Nand Pandey Resident of Village- Barap, P.S.- Agiaona (Grahani), District- Bhojpur, Arrah ... ... Petitioner

Versus

1.

The State of Bihar 2.

Dr. Shivparsan Singh Son of Late Bishwanath Singh Resident of Campus Awas No- 04, Veer Kuwar Singh University, Arrah. The Proctor of Veer Kuwar Singh University, Arrah ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Nawal Kishore Agrawal, Sr. Adv.

Mr. Deepak Kumar Sinha, Adv.

For the Opposite Party/s :

Mr.Yogendra Kumar, Adv.

For the University :

Dr. Anand Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 23-11-2022 Heard the learned counsel for the petitioner as well as the learned counsel for the Veer Kunwar Singh University, Ara. The petitioner apprehends his arrest in connection with Agiaon (Garhani) P.S. Case No. 159 of 2019, registered for the offences punishable under sections 406 and 420 of the Indian Penal Code.

The anticipatory bail application of the petitioner was rejected vide order dated 11.4.2022 in Cr. Misc. No. 20624 of 2020.

The learned counsel for the petitioner has submitted that the petitioner has renewed his prayer on the fresh ground

Patna High Court CR. MISC. No.38135 of 2022(6) dt.23-11-2022 2/3 that though in the enquiry report College was found at fault for taking admission of the students in the subjects in relation whereof the affiliation has not been granted by the University and the controller of the examination and Registrar were also found accountable. Learned counsel has submitted further that the petitioner was not found accountable as per enquiry report dated 13.04.2021.

The second submission of the learned counsel is that even if it is assumed to be true that the College has collected the fee in relation whereof there was an order of the State Government that no fee would have been collected, even then the petitioner cannot be held responsible rather the College administration is accountable for that.

On the other hand, learned counsel for the University has submitted that the petitioner being Principal of the College is also accountable as the fault of the college has been emerged in the enquiry report. He has also submitted that merely because the Registrar is found accountable, the liability of the petitioner cannot be waived off, as under his order the admission was taken.

The anticipatory bail petition of the petitioner was rejected by this Court by a detailed order dated 11.04.2022. I do

Patna High Court CR. MISC. No.38135 of 2022(6) dt.23-11-2022 3/3 not see any fresh ground for reconsideration of the earlier order. Accordingly, it is dismissed.

(Nawneet Kumar Pandey, J) SONALI/- U T