Ram Naresh Prasad Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47681 of 2014 Arising Out of PS.Case No. -123 Year- 2013 Thana -JAMUI District- JAMUI ====================================================== Ram Naresh Prasad Singh S/o Late Harshit Singh Resident of Village Jalalpur, Police Station Hathidah, District Patna at past Headmaster Dr. Jagarnath Mishra High School Dundo Police Station and District Jamui. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== With Criminal Miscellaneous No.47928 of 2014 Arising Out of PS.Case No. -123 Year- 2013 Thana -JAMUI District- JAMUI ====================================================== Anil Kumar Suman Son of Rajendra Singh, Resident of Village- Kundari Police Station and District- Jamui. At present Asstt. Teacher of Jagarnath Mishra High School Dundo Police Station and District Jamui .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
(In Cr.Misc. No.47681 of 2014) For the Petitioner/s : Mr. Anil Kumar Anal For the Opposite Party/s : Mr. Satyendra Nr. Singh(App) (In Cr.Misc. No.47928 of 2014) For the Petitioner/s : Mr. Anil Kumar Anal For the Opposite Party/s : Mr. Satyendra Prasad (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05/ 06-08-2015 Heard learned counsels for the petitioners, State and the Vigilance.
The petitioners being the retired Headmaster and Assistant Teacher are apprehending their arrest
Patna High Court Cr.Misc. No.47681 of 2014 (05) dt.06-08-2015 2/3 in a case registered for the offences punishable under Sections 120B, 408, 409A, 420, 467, 468/34 of the Indian Penal Code and 7, 8, 9, 11, 13, 14 of Prevention of Corruption Act. It is alleged against the petitioner Ram Naresh Prasad Singh that being the Headmaster of Dr. Jagarnath Mishra High School he collected five to ten thousand rupees from each student for their registration before Board examination, misappropriated the money under dress, cycle and scholarship schemes. It is specifically alleged that he retired on 31.12.2012 but on 29.01.2013 he withdrew Rs. 10,000/- and by another cheque Rs.16,000/-. It is alleged against petitioner Anil Kumar Suman that being an Assistant Teacher he illegally withdrew under dress and cycle schemes Rs.35,000/- and 10,000/- on 31.08.2012 and 05.02.2013 respectively. It is submitted by learned counsel for the petitioners that petitioner Ram Naresh Prasad Singh has already deposited Rs.26,000/- and petitioner Anil Kumar Suman has deposited Rs.45,000/-.
Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail provisionally for three months in the event of their arrest or surrender before the learned court below within a period of
Patna High Court Cr.Misc. No.47681 of 2014 (05) dt.06-08-2015 3/3 twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jamui in connection with Jamui P.S. Case No. 123 of 2013, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
The provisional bail of the petitioners will be confirmed by the learned court below on production of substantial proof that petitioner Ram Naresh Prasad Singh has deposited Rs.26,000/- and petitioner Anil Kumar Suman has deposited Rs. 45,000/-. The provisional bail will also be confirmed if they have not deposited the amount and if they deposit the same now.
(Dinesh Kumar Singh, J) DKS/- U T