Rajendra Krishna v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28436 of 2014 Arising Out of PS.Case No. -225 Year- 2013 Thana -CHAKIA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Rajendra Krishna Son of Late Chhatradahri Prasad Resident of villageShitalpur, P.S.- Kalyanpur Chakiya, District- East Champaran, Present Address- Raniganj, Ward No.-3, Keshariya Road, Near Hanuman Mandir, Chakiya, P.S.- Chakiya, District- East Champaran .... .... Petitioner

Versus

1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Nafisuzzoha, Adv. For the Opposite Party/s : Mr. Md.Aslam Ansari(App) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 25-06-2015 The petitioner functioned as Head Master in a Government Middle School. Proceedings were initiated against him alleging offence punishable under Sections409, 420, 467, 468 of I.P.C. and 120(B) of I.P.C. and Chakia P.S. Case No.225 of 2013 was registered. Apprehending his arrest, the petitioner filed A.B.P. No.1698 of 2013 in the court of learned District & Sessions Judge, East Champaran, Motihari. The same was dismissed on 3.5.2014. Hence, this application for anticipatory bail under Section-438 of Cr.P.C. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The allegation against the petitioner is that

Patna High Court Cr.Misc. No.28436 of 2014 (4) dt.25-06-2015 2/2 he has not properly utilized funds for construction of the school building. It has come on record that the petitioner has since retired from service. Even if any amount has been misused by the petitioner, the same can be recovered. This Court is of the view that arrest of the petitioner is not warranted.

Having gone into the facts and circumstances of the case, application is allowed. In the event of arrest, let the petitioner named above be enlarged on anticipatory bail upon furnishing the bail-bonds of Rs.10,000/- (ten thousand) along with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari in connection with Chakia P.S. Case No.225 of 2013, subject to the conditions laid down under Section-438(2) of Cr.P.C.

(L. Narasimha Reddy,CJ) K.C.jha/- U T