Prem Prakash @ Vikash Jee v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49993 of 2017 Arising Out of PS.Case No. -127 Year- 2017 Thana -MUFFASIL District- AURANGABAD ====================================================== Prem Prakash @ Vikash Jee, S/o Nawal Sharma, @ Nawal Kishore Sharma R/o Village & P.O.-Gamhari, P.S.-Uphara, District Aurangabad, Posted as Principal, Vikash Kendra Industrial Traning Centre, Beur, Dist.-Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vagisha Pragya Vacaknavi, Advocate For the Opposite Party/s : Mr. Jitendra Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 31-10-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Muffasil P.S. Case No. 127 of 2017 instituted for the offence under Sections 341, 323, 379, 420, 406, 120B, 504 and 506 of the Indian Penal Code. It has been submitted on behalf of the petitioner that initially there was some dispute with regard to payment of examination fees. Later on, the matter has been compromised between the parties as would appear from Annexure-P/2.

It has also been submitted that petitioner was the Principal of the institute and he has returned the entire amount to the informant and informant has taken admission in another institute. The amount has been returned to the informant as would appear from Annexure-P/7. Annexure-8 is the result of Semester-1 examination passed by the informant from Lord Shiva Private ITI, Vill Aranda, Aurangabad.

Patna High Court Cr.Misc. No.49993 of 2017 (3) dt.31-10-2017 2/2 Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Muffasil P.S. Case No. 127 of 2017, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad, subject to the conditions as laid down under Section 438 (2) Cr. P.C.

with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Sanjay Priya, J) S.