Rajiv Ranjan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26558 of 2016 Arising Out of PS.Case No. -118 Year- 2016 Thana -GANDHIMAIDAN District- PATNA ======================================================

1. Rajiv Ranjan Son of Sri Anirudh Prasad Singh Resident of village - Lakhawar, P.S. Ghoshi, District - Jehanabad at Present Gona High School Bikram, P.S. Rani Talab, District - Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. S.N.P. Sinha, Sr. Advcoate Mr. J.N. Sinha For the Opposite Party/s : Mr. Sri Shailendra Kumar -2 ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 11-08-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with a case registered for the offences punishable under Sections 420/467/468/471/120(B) of the Indian Penal Code. Diary in this case was called for earlier which has since been received.

Learned Senior Counsel for the petitioner submits that actually the amount in question which was meant for scholarship, was wrongly received in the account of the Headmaster of the School, i.e. Gona High School. When the said anomaly was discovered, the headmaster withdrew the amount and the said money was kept in the School with the Clerk of the School. The

Patna High Court Cr.Misc. No.26558 of 2016 (3) dt.11-08-2016 P2/2 petitioner is merely an Assistant Teacher in the School and is neither the headmaster who had withdrawn the money nor was he having any connection with the cash which was kept in the office of the headmaster by the Cashier. The money in question was recovered by the police after the First Information Report was lodged. Instead of naming the headmaster, the name of present petitioner, who is merely an Assistant Teacher of the School, has been brought in, though, he has no role to play.

In view of the fact that now the money has been recovered by the police and no amount of the said money has reached the hands of the petitioner, let the petitioner, in the event of his arrest /surrender within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Patna in connection with Gandhi Maidan, P.S. Case No. 118/2016 subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Anjana Mishra, J) Saif/- U T