Prem Narayan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.70177 of 2018 Arising Out of PS. Case No.-347 Year-2017 Thana- MAJHAULIA District- West Champaran ====================================================== Prem Narayan Son of Sri Zildar Ram, Resident of Village- Mahodipur, P.S.- Majhaulia, District- West Champaran, A/p Head Master, Rajkiya Prathmik Vidyalaya, Gurchurwa, Bhatt Tola, P.S.- Majhaulia, District- West Champaran.

... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-02-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 409/34 of the Indian Penal Code. Allegation against the petitioner is of withdrawing excess Government money in the civil work of building construction. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been made accused due to mistake of fact. The petitioner is the Headmaster of the School in question. The work assigned to the petitioner in respect of construction of the School has already been completed, which is evident from

Patna High Court Cr.Misc. No.70177 of 2018(3) dt.05-02-2019 2/2 Annexure 2 to the present application. Other co-accused has been granted anticipatory bail vide Annexure 3 to the present application.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, West Champaran at Bettiah in connection with Majhaulia P.S. case No.347 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T