Dinesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9354 of 2016 Arising Out of PS.Case No. -146 Year- 2013 Thana -MANSI District- KHAGARIA ====================================================== Dinesh Kumar Son of Turanti Das Resident of Village - Chak Hussaini , P.s Mansi, District Khagaria, at Present Posted as Headmaster /Sanchalak Uppreran kendra Madhya Vidyalaya Saidpur mansi District Khagaria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Mishra For the Opposite Party/s : Mr. Ram Bachan Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 07-12-2016 Heard learned counsels for the petitioner and the State.

The petitioner has renewed his prayer for anticipatory bail in connection with Mansi P.S. Case No. 146 of 2013 registered for the offences punishable under Sections 406 and 409 of the Indian Penal Code pending before the court of learned Chief Judicial Magistrate, Khagaria.

Earlier anticipatory bail application of the petitioner was disposed of vide order dated 05.11.2015 passed in Cr. Misc. No. 45098 of 2015 with liberty to the petitioner to move before the learned Sessions Judge afresh since earlier anticipatory bail application filed before the learned Sessions Judge was

Patna High Court Cr.Misc. No.9354 of 2016 (2) dt.07-12-2016 2/3 withdrawn. Subsequently the petitioner moved before the learned Sessions Judge which is impugned order in the present anticipatory bail application.

Prosecution case is that the petitioner being the Headmaster of Utpreran Kendra Middle School, Saidpur made to have embezzled the amount of Rs.5,83,712/-.

It is submitted by learned counsel for the petitioner that the earlier anticipatory bail application was withdrawn from the court of the learned Sessions Judge since the petitioner was granted bail till submission of the charge-sheet. The impugned order reflects that on conclusion of the investigation charge-sheet was submitted and consequently the order of cognizance has been passed. Hence, fresh anticipatory bail was filed. It is further submitted that in the departmental proceeding the petitioner has been exonerated.

In view of the fact that the petitioner was granted anticipatory bail by learned court below and furnished the bail bond, hence, the present anticipatory bail application is not maintainable.

Let the learned court below consider the prayer for bail of the petitioner, if the petitioner surrenders before the learned court below within a period of six weeks from today.

Patna High Court Cr.Misc. No.9354 of 2016 (2) dt.07-12-2016 3/3 In such eventuality the prayer for has to be considered on the ground whether the petitioner has basically misused the privilege of bail granted.

Accordingly, this application is disposed of. (Dinesh Kumar Singh, J) DKS/- U T