Md. Harun Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38052 of 2017 ======================================================

1. Md. Harun Ansari, Son Of Md. Mosahed, Resident Of Village- Dhobri, P.S.- Narayanpur, District- Bhojpur.

.... .... Petitioner/s

Versus

1. The State Of Bihar.

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

For the Petitioner/s : Mrs Usha Kumari Singh, Advocate. For the Opposite Party/s : Mr. Madan Kumar, A.P.P.-223 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 16-08-2017 Heard learned counsel for the petitioner and learned counsel for the State4.

The petitioner is apprehending his arrest in salimpur P.S.Case No. 20 of 2016 registered for offences punishable under Sections 409 and 420/34 of the Indian Penal Code. The prosecution case as lodged by Block Education Officer, Bakhtiarpur is that two schools were inspected by the S.D.O., Barh where some irregularities were found in mid-day meal, uniform and scholarship scheme of the school. The petitioner is the I/C Headmaster of one of the school where, some irregularities were found.

It has been submitted that similarly situated co-accused namely, Ranvijay Kumar has been granted privilege of anticipatory bail by a Co-ordinate Bench of this Court in Cr.Misc. No. 42741 of 2016 on 13.12.2016. A separate departmental

Patna High Court Cr.Misc. No.38052 of 2017 (2) dt.16-08-2017 2/2 proceeding was initiated against this petitioner and one increment has been withheld on account of some irregularities and dereliction of duty. This petitioner is the I/C, Headmaster of the school and allegation against him is vague, fabricated and concocted.

Learned Additional Public Prosecutor on the other hand opposes the prayer for bail.

Considering the facts and circumstances, as stated above, this application for anticipatory bail is allowed. The petitioner, above named, in the event of his arrest or surrender before the Court below within a period of six weeks, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- ( Ten thousand) with two sureties of the like amount each in connection with Salimpur P.S.Case No. 20 of 2016 to the satisfaction of Shri Deepak Kumar, learned Judicial Magistrate, 1st class, Barh, Patna, subject to the condition laid down under Section 438 (2) of the Criminal Procedure Code.

(Sanjay Kumar, J) Sudha/- U T