Ashok Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.52263 of 2017 (3) dt.12-12-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52263 of 2017 Arising Out of PS.Case No. -118 Year- 2016 Thana -GANDHIMAIDAN District- PATNA ======================================================

1. Ashok Kumar, S/o Late Ramji Singh, R/o Village Madhopur, P.O. Lakhwar, P.s. Ghoshi, Distt. Jehanabad .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar Sinha, Adv. For the Opposite Party/s : Mr. Sri Sanjay Kumar Pandey, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 12-12-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Gandhi Maidan Police Station Case No. 118 of 2016, disclosing offences under Sections 420, 467, 468, 471 and 120(B) of the Indian Penal Code.

Learned counsel for the petitioner has submitted that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, neither any amount was ever withdrawn by this petitioner nor he has made any requisition for withdrawal of the alleged amount. The alleged defalcated money to the tune of Rs. 15 lacs and odd has been recovered in cash from the school premises and the Principal of

Patna High Court Cr.Misc. No.52263 of 2017 (3) dt.12-12-2017 the said School, Rajiv Ranjan, has already been granted anticipatory bail by a co-ordinate Bench of this Court in Cr. Misc. No. 26558 of 2016. Moreover, another co-accused, Kanti Devi, has already been granted anticipatory bail by a co-ordinate Bench of this Court in Cr. Misc. No. 32362 of 2016, which is evident from annexure-2 series. Hence, the petitioner deserves the privilege of anticipatory bail.

Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Judge-VI-cum- A.C.J.M., Patna, in connection with Gandhi Maidan Police Station Case No. 118 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T