Patna High CourtCR. MISC./52129/2016bail granted

Chandra Mohan Jha v. The State Of Bihar

2016-12-21Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52129 of 2016 Arising Out of PS.Case No. -154 Year- 2016 Thana -KURSAKANTA District- ARRARIA ======================================================

1. Chandra Mohan Jha, son of Late Madhav Jha at Kali Bazar, Ward No.23 Araria, P.S. Araria, District- Araria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kaushal Kumar Jha, Advocate For the Opposite Party/s : Mr. Sri Nawal Kishore Prasad (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-12-2016 Heard learned counsel for the petitioner as well as learned A.P.P. for the State.

The petitioner prays for anticipatory bail in connection with Kursakanta PS case no. 154 of 2016 registered for the offences punishable under Sections 406, 409/34 of the Indian Penal Code.

It has been submitted on behalf of petitioner that he along with others misappropriated government fund which was allotted for providing scholarship to ST, SC, BC and EBC. It has further been submitted that allegation of allotment of money is on the headmaster of the school namely Jai Prakash Mandal and he has already been granted anticipatory bail vide order dt. 22.11.2016 passed in Cr. Misc. no. 50142 of 2016.

Patna High Court Cr.Misc. No.52129 of 2016 (2) dt.21-12-2016 2/2 Heard learned A.P.P. also. He pointed out that there is criminal antecedent against the petitioner but he could not controvert this fact that persons similarly situated have already been granted bail by a coordinate Bench of this Court. Considering the facts and circumstances of the case, submissions advanced, let the abovenamed petitioner, in the event of his arrest or surrender before the Court below within a period of six weeks, be released on bail on furnishing bail bond of Rs. 10,000/-(Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Araria in connection with Kursakanta PS case no. 154 of 2016 subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J.) rinkee/- U T