Kishore Kumar @ Vicky v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1631 of 2017 Arising Out of PS.Case No. -575 Year- 2016 Thana -NAWADA District- NAWADA ====================================================== Kishore Kumar @ Vicky, Son of Sri Radha Mukund Singh @ Bal Mukund Singh, R/o village- Sahopur, P.S.- Sirdalla, District- Nawada. At present Mohalla- Shakuntalam Nagar, P.S.- Nagar, District- Nawada .... .... Petitioner

Versus

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

For the Petitioner : Mr. Manish Kumar No-2, Advocate For the Informant : Mr. Raju Giri, Advocate Mr. Santosh Kumar Mishra, Advocate For the State : Mr. Nawal Kishore Prasad (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 25-01-2017 Heard learned counsel for the petitioner and the State.

The petitioner apprehends his arrest in Nawada Town P.S. Case No. 575 of 2016 instituted for the offence under Sections 420, 406, 467, 468, 471 and 120(B) of the Indian Penal Code.

It is alleged by the Principal-I/C that this petitioner being Assistant in the college has received money from 30-35 students for admission in the college. He took Rs.5000/- 6000/- per student and issued forged receipts and in this manner, he has defalcated huge amount and no information was given to any of the member of the college.

It has been submitted by the petitioner that the

Patna High Court Cr.Misc. No.1631 of 2017 (3) dt.25-01-2017 2/3 complaint has been filed after delay of about one and half years. Learned counsel for the complainant has drawn attention of this court that complaint was lodged by several students which is kept at page-15 of bail petition making allegation of taking Rs.5000 to 6000/- from them and issuing forged receipts. The counsel for the complainant has filed various receipts which are kept at page-17 to 25 of bail petition, which shows that signature of competent authority of the college was not there.

From perusal of para-2 of the written report it appears that all students came for admission then the college authority came to know about the fraudulent act committed by the petitioner in the admission. Learned Additional Sessions Judge-1st, Nawada in the impugned order has mentioned in various paragraphs that all the students have supported the case against this petitioner.

In such circumstances, this court is not inclined to grant petitioner anticipatory bail. Accordingly, this anticipatory bail petition is hereby rejected in connection with Nawada Town P.S. Case No. 575 of 2016.

The petitioner is directed to surrender before the court below within four weeks from today and seek regular bail

Patna High Court Cr.Misc. No.1631 of 2017 (3) dt.25-01-2017 3/3 which shall be disposed of in accordance with law without being prejudiced by this order.

(Sanjay Priya, J.) ravi/- U T