Patna High CourtCR. MISC./24561/2017rejected

Rupesh Yadav v. The State Of Bihar

2017-08-28Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24561 of 2017 Arising Out of PS.Case No. -285 Year- 2015 Thana -SAUR BAZAR District- SAHARSA ======================================================

1. Rupesh Yadav Son of Bal Kishore Yadav Resident of Village-Barasam, Police Station-Saur Bazar, District-Saharsa.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Md. Harun Quareshi, Advocate For the Opposite Party/s : Mr. A.M.Mehta, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 28-08-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Saur Bazar P. S. Case No. 285 of 2015 for the offences punishable under Sections 341,323, 386, 504 and 506/ 34 of the Indian penal Code.

The accusation is that the petitioner being the Headmaster of M.P.S. Bela tol, Mohanpur withdrew Rupees 51,000/- to the Bank for distribution of Scholarship to the students on 4.8.2015 and accordingly Rupees 19,800/- was distributed between the students in presence of Secretary and Chairman of the School and remaining Rupees 32,100/- was kept by him in the dickey of his motorcycle and he proceeded for house. In the way, the petitioner and co-accused, Amoj Yadav were standing. This

Patna High Court Cr.Misc. No.24561 of 2017 (4) dt.28-08-2017 2/2 petitioner took the key of the motorcycle and accused, Amoj Yadav took out Rs. 32,000/- from the dickey of his motorcycle. Learned counsel for the petitioner submits that allegation of taking the money to the dickey of motorcycle of informant is against Co-accused, Amoj Yadav and not this petitioner.

Having considered the facts and circumstances of the case and nature of allegation, I am not inclined to grant anticipatory bail to the petitioner and accordingly, his prayer for anticipatory bail is rejected.

(Rajendra Kumar Mishra, J) Sudha/- U T