Vinay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.60766 of 2017 Arising Out of PS. Case No.-277 Year-2017 Thana- CIVIL LINE District- Gaya ====================================================== Vinay Kumar S/o late Garib Das Rajkumar Nagar Dandibagh, P.O. Chand Chaura, P.S. Vishnupath, District- Gaya.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar For the Opposite Party/s :
Mr. Sri Shailendra Kumar -1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 25-06-2018 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant. Petitioner apprehends his arrest in Civil lines P.S. Case No. 277 of 2017 instituted for the offence under Sections 420, 406, 409/34 of the Indian Penal Code.
Learned counsel for the petitioner submits that allegation against the petitioner in the written report is that while he was the Principal of Sanjay Gandhi Mahila College, Gaya and Anjali Verma Computer Training College, Gaya, money was received in the college for distribution amongst the students and the money has been misappropriated.
A supplementary affidavit has been filed on behalf of the petitioner. It is mentioned in paragraph no.4 of the supplementary affidavit that Sanjay Gandhi Mahila College,
Patna High Court Cr.Misc. No.60766 of 2017(11) dt.25-06-2018 2/3 Gaya and Sanjay Gandhi Inter Mahila College, Gaya are the same college. Similarly, in paragraph no.7 it is mentioned that Anjali Verma Computer Training College, Gaya and A.V.C.T.T. College, Gaya are the same institutes. The money have been received by the petitioner and the same has been distributed to the students.
A counter affidavit has been filed on behalf of the State, sworn by Rakesh Kumar sub Inspector of Police posted at P.S. Civil Lines, Gaya, wherein it is stated that on verification he found that money was distributed amongst the students. In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Civil Lines P.S. Case No.277 of 2017, he shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gaya subject to the conditions as laid down under Section 438(2) 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
Patna High Court Cr.Misc. No.60766 of 2017(11) dt.25-06-2018 3/3 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) shyambihari/- U T