Arvind Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8632 of 2021 Arising Out of PS. Case No.-97 Year-2013 Thana- SHEOHAR District- Sheohar ====================================================== ARVIND KUMAR Son of Late Muni Prasad Resident of VillageKurthaihiya, P.S.- Bajpatti, District- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anuj Dilbar Krishna For the Opposite Party/s :

Mr.A.PP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-12-2021 This matter has been taken up for hearing online because of COVID-19 pandemic restrictions.

Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking to remove the defects as pointed out by the office when called upon to do so by the office. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Sheohar P.S. Case no. 97 of 2013 instituted for the offence under Sections 406, 420, 467, 468, 471 and 379 of the Indian Penal Code.

As per allegation in the FIR, an NGO Azad Gramin Vikash Seva Sansthan was selected for the purpose of imparting

Patna High Court CR. MISC. No.8632 of 2021(2) dt.09-12-2021 2/3 computer education for the SC/ST students of class 6th to 8th. Total an amount of Rs. 6,00000/- was given to him for his service by cross cheque. Informant further alleged that after getting complains of negligence, an inquiry committee constituted by the State official, found a fraud committed by the alleged NGO.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. In fact, certificate regarding completion of work was issued by the Navneet Kumar Manoranjan, who was then Incharge Headmaster of Basic School, Bisahi. Before joining of the petitioner on the post of headmaster, work of imparting was completed. Co-accused Nami Shankar Kumar has already been granted bail by a co-ordinate Bench of this Court vide order dated 19.3.2014 passed in Cr. Misc. No. 423 of 2014 and the case of the petitioner stands on better footing to that of the coaccused. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner

Patna High Court CR. MISC. No.8632 of 2021(2) dt.09-12-2021 3/3 is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Sheohar P.S. Case no. 97 of 2013, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sheohar subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U T