Anjani Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7991 of 2021 Arising Out of PS. Case No.-441 Year-2020 Thana- BANJARIA District- East Champaran ====================================================== ANJANI KUMAR SINGH Son of Late Sampati Kumar Resident of Pipara, P.S.- Banjaria, District- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs.Priyanka Singh For the Opposite Party/s :
Mrs. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-05-2021 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.
Heard both parties.
The petitioner seeks bail in Banjaria P.S. Case No. 441 of 2020, registered for the offence punishable under Sections 409, 470 and 120B of the Indian Penal Code. As per the prosecution case, this petitioner is alleged to have misappropriated amount of Rs. 83,11,968.40 and Rs. 8,72,923.00 from different accounts of college from the Bank of Baroda and the State Bank of India through different cheques. It is submitted on behalf of the petitioner that petitioner has falsely been implicated in this case. There is serious differences between the informant and the petitioner.
Patna High Court CR. MISC. No.7991 of 2021(3) dt.21-05-2021 2/3 The informant earlier in absence of substantive permanent appointment of Principal of the college was acting as Incharge of the college, but due to serious charge of financial misappropriation against the informant, the Ad-hoc Managing Committee in its meeting dated 04.01.2018 suspended the informant (Annexure-2) with direction that informant would hand over charge to the petitioner and in compliance of the same, petitioner started working as Incharge Principal of the college. The money was withdrawn on the joint signature of this petitioner and one Anita Singh and the same was spent on payment of salary of teachers and staffs and with regard to repair, renovation and other miscellaneous activity and there are receipts regarding all the expenditures.
All the expenditures was duly audited and accounted by Chartered Accountant. Chargesheet has been submitted and further custodial interrogation is no more required. There is no allegation of tampering with the evidence. Petitioner is in custody since 19.08.2020 having clean antecedent.
Considering the facts and circumstances of the case, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned
Patna High Court CR. MISC. No.7991 of 2021(3) dt.21-05-2021 3/3 Chief Judicial Magistrate, Motihari, East Champaran in connection with Banjaria P.S. Case No. 441 of 2020, subject to following conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.
(ii) If the 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. (Prabhat Kumar Singh, J) vinita/- U T