Arvind Kumar Sinha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44454 of 2019 Arising Out of PS. Case No.-347 Year-2018 Thana- KONCH District- Gaya ====================================================== 1.
ARVIND KUMAR SINHA Son of Ramanugrah Sharma Resident of Village - Manpur (Lakhibagh), P.S.- Muffassil, Dist.- Gaya. 2.
Ram Sewak Yadav Son of Gaukaran Yadav Resident of Village - Gorkati, P.S.- Konch, Dist.- Gaya.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manish Kumar No2 For the Opposite Party/s :
Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 19-07-2019 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest for the offences alleged under Sections 467, 468, 420, 406 and 409 IPC registered in connection with Konch P.S. Case No. 347 of 2018.
3. It is submitted that the petitioners have been falsely implicated on the accusation that they distributed the grant without prior permission of the headmaster. It is further submitted that the petitioners, who are senior teachers of the school were duly authorised to distribute the amount of grant under their joint signatures in terms of office order contained in memo no. 770 dated 22.09.2018. The petitioners claim clean antecedents.
4. Be that as it may, in the event of the petitioners arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned ACJM III, Gaya, in connection with Konch P.S. Case No. 347 of
Patna High Court CR. MISC. No.44454 of 2019(2) dt.19-07-2019 2/2 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further conditions: i. That one of the bailors shall be a close relative of the petitioners. ii. That the petitioners shall not indulge in any similar offence till conclusion of the trial.
iii. That the petitioners shall co-operate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.
iv. The petitioners shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/- U T