Manoj Pal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16174 of 2018 Arising Out of PS. Case No.-102 Year-2011 Thana- NABINAGAR District- Aurangabad ====================================================== Manoj Pal, S/o Ramudesh Pal, Resident of Village- Damdi Bigha, P.S.- Nabinagar, District- Aurangabad.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Bhaskar Shankar, Advocate For the Opposite Party/s :

Mr. Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 24-04-2018 Heard learned counsel for the petitioner and the State.

The petitioner apprehends arrest in Nabinagar P.S. Case No. 102 of 2011, instituted for the offence under Sections 420/34) of the IPC.

Prosecution case in short is that petitioner and other accused persons as mentioned in the written report, have not submitted the AC/DC Bills for amount allocated to their respective schools in spite of clear direction of the District Education Superintendent.

Learned counsel for the petitioner has submitted that as per allegation, petitioner being headmaster of Primary School, Tendua (Nabinagar) did not give AC/DC bill amounting to Rs. 60,000/- for construction of boundary wall and Rs.

Patna High Court Cr.Misc. No.16174 of 2018(4) dt.24-04-2018 2/3 40,000/- for renovation of school building which has been allotted to the school as mentioned at serial no. 35 of the list annexed to the FIR.

Learned counsel for the petitioner has filed supplementary affidavit, wherein, he has stated that head mistress Savitri Devi has already given written application to Distance Mass Literacy Centre on 10.12.2010, stating that AC/DC bill with regard to Session 2007-2008 for construction of boundary wall has already been submitted.

Learned counsel for the petitioner has submitted that with regard to remaining amount of Rs. 40,000/-, cheque for the aforesaid amount was already cancelled as mentioned in Annexure-3 to this petition.

In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner, named above, in the event of his arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Nabinagar P.S. Case No. 102 of 2011, to the satisfaction of the learned CJM, Aurangabad, subject to condition as laid down u/S 438

(2) of the Cr. P.C. with further conditions (1) (bailors should be local having sufficient immovable property within the jurisdiction of the

Patna High Court Cr.Misc. No.16174 of 2018(4) dt.24-04-2018 3/3 court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every dated fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bonds of the petitioner and (3) if the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) khushbu/- U T