Prakash Kumar Bharti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7030 of 2017 Arising Out of PS.Case No. -154 Year- 2016 Thana -KURSAKANTA District- ARRARIA ====================================================== Prakash Kumar Bharti, son of Luxmi Sada, Resident of Village- Pousi, P.S.- Kursakanta, District- Araria, At present Working as Headmaster, Primary School Ramsharan Mahato Tola, Block- Kursakanta District- Araria. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Sarangdhar Jha, Advocate. For the Opposite Party/s : Mr. Anzarul Haque, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 22-02-2017 Heard learned counsel for the petitioner and the State. The petitioner seeks anticipatory bail in a case instituted for the offence under Sections 406, 409, 420 and 34 of the Indian Penal Code.

As per the allegation, the petitioner being the Headmaster of Primary School Sah Mahto Tola under block of Kursakanta, Distt. Araria, misappropriated the government fund amounting to Rs.3,13,500/- which was allotted for providing scholarship to the SC/ST students showing their false and excess number in collusion with other accused persons. It has been submitted on behalf of the petitioner that he has already deposited the amount of Rs.3,03,000/- as per Annexure-2 series. It has further been submitted that other accused

Patna High Court Cr.Misc. No.7030 of 2017 (2) dt.22-02-2017 2/2 persons have been granted anticipatory bail by different coordinate Benches of this Court copies of which are annexed as Annexure-3 series.

In such circumstances, since the money has already been deposited by the petitioner as appeared from Annexure-2 series and other accused persons have already been granted anticipatory bail by different coordinate Benches of this Court, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Kursakanta P.S. Case No. 154 of 2016, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IV, Araria, subject to the conditions as laid down under Section 438 (2) Cr. P.C.

(Sanjay Priya, J) S.Ali/- U T