Santosh Dubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55914 of 2017 Arising Out of PS.Case No. -829 Year- 2016 Thana -SASARAM NAGAR District- SASARAM (ROHTAS) ====================================================== Santosh Dubey, Son of Jagarnath Dubey, Resident of Village- Alampur, P.S.- Baddi, district- Rohtas.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Kanhaiya Pandey For the Opposite Party/s : Mr. Sri Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 29-11-2017 Heard the counsels for petitioner, the informant and the State.

The petitioner seeks bail in connection with Sasaram (Model) Town P.S. Case No. 829 of 2016 dated 22.07.2016 instituted for the offences under Sections 408, 419, 420, 468 of the Indian Penal Code.

The petitioner, who was working as fee collection clerk in the school of the Informant since 2011 is alleged to have misappropriated the fee collected by him from the students of the school from February, 2016 to June, 2016. From the narration made in the F.I.R, it is not clear as to what amount was misappropriated. The F.I.R was lodged when the informant was made known of the misappropriation by the petitioner by the other functionaries of the

Patna High Court Cr.Misc. No.55914 of 2017 (2) dt.29-11-2017 2/2 school.

Learned counsel appearing for the petitioner has submitted that the petitioner has been made scapegoat by the school administration as he had protested against the non-payment of salary to the employees of the school.

From the records, it does not appear clearly as to what amount was defalcated by the petitioner. A general assessment of defalcation of Rs. 1,00,000/- has been stated in the F.I.R without there being any specific instance or the details of such misappropriation.

The petitioner is in custody since 31.08.2017. Taking into account the aforesaid facts, this Court is inclined to grant bail to the petitioner. The petitioner, above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand) with sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Rohtas, Sasaram in connection with Sasaram Town P.S. Case No. 829 of 2016. (Ashutosh Kumar, J) Shageer/- U T