Md. Amanullah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55031 of 2024 Arising Out of PS. Case No.-150 Year-2020 Thana- JALE District- Darbhanga ====================================================== Md. Amanullah son of Md. Nasrullah Village-Revdha Ps- Jale DistDarbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjay Kumar Singh, Advocate For the Opposite Party/s :

Mr. Uma Shankar Prasad Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-10-2024 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 166, 166A, 353 of the Indian Penal Code.

3. As per F.I.R., prosecution case, in brief, is that this petitioner being Head Maulvi of Madarsa Noorul Islam, Reorha refused to accept the joining of Shakiya Khatoon in that Madarsa and also did not submit absentee report for the payment of salary to the District Education Officer, Darbhanga despite several reminders. Thus, disobeyed the order of higher officials.

4. Learned counsel for the petitioner submits that at the relevant point of time, petitioner was Head Maulvi of Madarsa Noorul Islam, Reorha and he was not authorised to accept joining of any teacher rather it was the managing committee who was authorised to accept the joining. He further submits that during pendency, petitioner has already been

Patna High Court CR. MISC. No.55031 of 2024(3) dt.07-10-2024 2/2 removed from the post of Head Maulvi. He next submits that as a matter of fact, due to rivalry between two managing committees, this false and concocted case has been lodged against petitioner.

5. Learned A.P.P. for the State vehemently opposed the bail application.

6. Considering the aforesaid facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-I, Darbhanga in connection with Jale P. S. Case No. 150 of 2020, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Navya/- U T