Surjit Kumar Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42133 of 2024 Arising Out of PS. Case No.-632 Year-2023 Thana- BHOJPUR COMPLAINT CASE District- Bhojpur ====================================================== Surjit Kumar Rai S/O Late Ramadhar Rai R/O Mohalla-Indane Gas Godwan, Mission Road,Pakri,Ara, P.S.-Ara Nawada, Distt-Bhojpur,Bihar ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Virendra Kumar Singh S/O Late Nathuni Prasad Singh R/O VillageHavelipur, P.S. Charpokhari, Distt-Bhojpur ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ravindra Kumar , Advocate For the Opposite Party/s :
Mr. Md. Aslam Ansari , APP for the complainant :
Sunit Kumar , Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-08-2024 Heard learned counsel for the petitioner, complainant and the State .
2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 406, 504 and 506 of the Indian Penal Code.
3 The prosecution case , in brief, is that this petitioner along with other co-accused persons by breaking open the lock of room, stole the Login ID Password of Bihar School Examination Board and deposited the fees of Compartmental Exam of Intermediate student through net banking from their private bank account. When the complainant objected, he was threatened with dire consequences. Thus they have embezzled
Patna High Court CR. MISC. No.42133 of 2024(3) dt.07-08-2024 2/3 college funds.
4. Learned counsel for the petitioner submits that petitioner was appointed as In charge Principal of the B.S.S. Inter College , Bachri, Bhojpur on 18.04.2023 by the Managing Committee of the college in a meeting called on 15.04.2023 which was conducted on 18.04.2023 in which complainant did not participate and was removed by the Managing Committee . Complainant being aggrieved by his removal and also by the appointment of this petitioner on the post as In-Charge Principal of the College, lodged this false and concocted case against the petitioner without any chit of paper in support of the allegation . The allegation levelled against this petitioner is very general and vague and lodged only with an ulterior motive . He further submits that in the complaint witness No. 1 is brother-inlaw of complainant and witness No. 2 is own nephew who has nothing to do with the college . Petitioner claims clean antecedents.
5 Learned counsel for the State as well as complainant opposed the bail petition of the petitioner and submitted that this petitioner along with other co-accused persons misappropriated Government College fund and the appointment of the petitioner was illegal.
Patna High Court CR. MISC. No.42133 of 2024(3) dt.07-08-2024 3/3
6. Considering the aforesaid facts and circumstances of the case , nature of allegation , clean antecedent, in the event of arrest or surrender within six weeks from today, let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate Bhojpur, Ara in connection with Bhojpur PS case No. 632 (C) of 2023 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure . (Prabhat Kumar Singh, J) Koushik/- U T