Patna High CourtCR. MISC./42387/2017allowed

Saroj Kumar v. The State Of Bihar

2017-09-21Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 42387 of 2017 Arising Out of PS.Case No. -118 Year- 2016 Thana -GANDHIMAIDAN District- PATNA ====================================================== Saroj Kumar, Son of Late Surendra Singh, Resident of Village - Gona, P.S. - Ranitalab, P.O. - Saidabad, District - Patna .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Anil Kumar Sinha For the Opposite Party/s : Mr. S.M. Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 21-09-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 420, 467, 468, 471 and 120B of the Indian Penal Code.

The petitioner is an employee of Gona High School. According to FIR, fund was received by the school which was meant for scholarship. However the Headmaster withdrew the money and kept the same with the clerk of the school. The said money has already been recovered by the police after the institution of the FIR.

However, instead of naming the Headmaster, name of Rajiv Ranjan, the Assistant Teacher of the school was disclosed who has already been allowed anticipatory bail by a Coordinate Bench

Patna High Court Cr.Misc. No.42387 of 2017 (2) dt.21-09-2017 2 /2 of this Court vide order dated 11.08.2016 passed in Cr. Misc. No. 26558 of 2016. Allegation against the petitioner is on better footing to that of Rajiv Ranjan.

Let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Patna/successor Court in connection with Gandhi Maidan Police Station Case No. 118 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Kundan/- U T