Ajit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6048 of 2021 Arising Out of PS. Case No.-432 Year-2020 Thana- RAJAOLI District- Nawada ====================================================== AJIT KUMAR SON OF ANIL SINGH R/O VILLAGE-BAURHI KALA,P.S.-RAJAULI,DISTRICT-NAWADA, BLOCK TEACHER,UPGRADED SCHOOL,BAILA,P.S.-RAJAULI,DISTRICTNAWADA.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dewendra Prasad Singh Mr.Bijendra Kumar For the Opposite Party/s :
Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 02-11-2021 Heard the learned counsel for the petitioner and the learned APP for the State.
The petitioner seeks bail in anticipation of his arrest in connection with Rajauli P.S. Case No. 432 of 2020 instituted for the offences under Sections 406, 420 and 34 of the Indian Penal Code.
The F.I.R. has been registered on the written report of the Block Education Officer, Rajauli alleging that the raw materials meant for mid-day meal scheme was attempted to be sold in black-market and that on enquiry it was found that several irregularities had been committed and
Patna High Court CR. MISC. No.6048 of 2021(2) dt.02-11-2021 2/3 there had been a breach of departmental directions with respect to preparation of mid-day meal.
The petitioner at the relevant time was posted as one of the teachers in the school. He along with the Headmaster has been made accused in the subject F.I.R. The learned counsel for the petitioner has submitted that the aforesaid accusation is only based on surmises and conjectures and perhaps on a video clip having been made by one of the persons having enmity against the petitioner and the Headmaster. The video clip reflected that two persons on motorcycle were coming out with a plastic bag from the compound. One of the aforesaid two persons was none else but the son of the cook of the kitchen. Even though such matter was explained to the authorities but for reasons unknown to the petitioner, the subject F.I.R. has been lodged.
Thus, the accusation against the petitioner is based only on suspicion.
The other co-accused person of this case has been granted anticipatory bail.
Patna High Court CR. MISC. No.6048 of 2021(2) dt.02-11-2021 3/3 For the reasons afore-stated, the petitioner, above named, is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nawada, in connection with Rajauli P.S. Case No. 432 of 2020, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Ashutosh Kumar, J) sunilkumar/- U T