Patna High CourtCR. MISC./48872/2016bail granted

Rakesh Kumar v. The State Of Bihar

2017-02-03Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48872 of 2016 Arising Out of PS.Case No. -57 Year- 2016 Thana -SARMERA District- NALANDA (BIHARSHARIFF) ====================================================== Rakesh Kumar, son of Bindeshwar Prasad Singh, village- Pyarepur, P.S. Sarmera, District- Nalanda .... .... Petitioner

Versus

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

For the Petitioner : Mr. Rajesh Ranjan Kumar, Advocate For the Opposite Party : Mr. Anand Kishore Choudhary (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 03-02-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner apprehends his arrest in connection with Sarmera P.S. Case No. 57 of 2016, registered for the offences punishable under Sections 409 and 420 of the Indian Penal Code. Allegedly, the petitioner being In-charge Headmaster of Upgraded Middle School, Sadaha, with aid and assistance of co-accused Bimal Prasad Singh embezzled the amount of Rs. 6,36,290/- which was allotted for construction of room, but did not make any construction and embezzled the amount. Submission is of false implication and that the petitioner has joined in the school on 29.04.2011 as a teacher and thereafter he was made In-charge Headmaster on 29.11.2012 and the petitioner has got no role in the said embezzlement,

Patna High Court Cr.Misc. No.48872 of 2016 (3) dt.03-02-2017 2/2 embezzlement was done prior to his joining which is evident from para 19 and 20 of the case diary and, as such, petitioner deserves sympathetic consideration The learned A.P.P. submits that the petitioner is named in the F.I.R.

In the facts and circumstances as stated above, considering the fact as stated in para 19 and 20 of the case diary, the petitioner in the event of his arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. VII, Nalanda, in connection with Sarmera P.S. Case No. 57 of 2016, subject to the conditions as laid down in section 438(2) of the Cr.P.C.

(Jitendra Mohan Sharma, J.) Rajiv/- U T