Rohit Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49536 of 2021 Arising Out of PS. Case No.-218 Year-2020 Thana- SHAMBHUGANJ District- Banka ====================================================== Rohit Yadav Son Of Gulabi Yadav Resident Of Village- Chanderi, Police Station- Sabour, District- Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Najmul Hodda For the Opposite Party/s :

Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-04-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 419, 420, 467, 468, 471, 120B of the Indian Penal Code.

Prosecution case as lodged by the informant is that the petitioner committed forgery got transferred to the Primary School, Kushaha (Kanya) and misappropriated the government fund.

It is submitted by learned counsel for the petitioner that petitioner is innocent and has been falsely implicated in this case. He submits that the petitioner was appointed on the post of

Patna High Court CR. MISC. No.49536 of 2021(2) dt.28-04-2022 2/2 Assistant Teacher and he was aso discharging his duty Incharge headmaster Primary School, Kusaha (Kanya), Amarpur but only the basis of suspicion, the petitioner's service was terminated w.e.f. 27.06.2020 by the District Education Officer, Banka without providing sufficient opportunity of hearing. He submits that the petitioner has filed the writ application bearing C.W.J.C. No. 1805 of 2021. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application. Learned APP for the State opposed the prayer for bail.

Considering the facts that the service of the petitioner has already been terminated, the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Shambhuganj P.S. Case No. 218 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) devendra/- U T