Subhash Chandra Mishra v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.57931 of 2017 Arising Out of PS.Case No. -54 Year- 2017 Thana -GOH District- AURANGABAD ======================================================
1. Subhash Chandra Mishra, S/o Sri Bachhu Lal Mishra, Resident of Village- Pinjroee, P.S.- Sandesh, District- Bhojpur. .... .... Petitioner/s
Versus
1. The State of Bihar. null null .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Santosh Kumar For the Opposite Party/s : Mr. Sri Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 11-12-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Goh P.S. Case No. 54 of 2017 instituted for the offence under Sections-409, 420 of the Indian Penal Code.
It is alleged in the written report that BEO, Goh namely, Manju Kumari and a teacher Sri Vaiktesh Sharma, Md. Shahid Alam who happens to be CRC in charge, have defalcated the scholarship money of different middle schools meant for SC/ST/OBC students provided by the State Government.
Counsel for the petitioner has submitted that he has already retired on 31-01-2017. The FIR has been lodged on 13-05-2017. Counsel for the petitioner has further submitted that Vaikatesh Sharma has been granted anticipatory bail by this court vide order dated 24-11-2017 passed in Cr. Misc. No. 52792 of 2017.
Patna High Court Cr.Misc. No.57931 of 2017 (2) dt.11-12-2017 2/2 In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner named above in the event of his arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with in Goh P.S. Case No. 54 of 2017 to the satisfaction of learned Sub Divisional Judicial Magistrate, Daudnagar, Aurangabad subject to condition as laid down u/S 438(2) of the 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) A.K.V./- U T