Vijay Pratap Paswan v. The State Of Bihar

Patna High Court Cr.Misc. No.42705 of 2015 (4) dt.04-01-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42705 of 2015 Arising Out of PS.Case No. -95 Year- 2015 Thana -BHAGWANPUR District- BHABHUA (KAIMUR) ====================================================== Vijay Pratap Paswan (Suspended Teacher) Utkramit Madya Vidyalaya Kinnar Chola S/o Khar Paswan P.S. Bhagwanpur, Dist. - Kaimur At present Vill. - Beldhi, P.S. - Bhagwanpur, Dist. - Kaimur. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Dharmendra Kumar Singh, Adv. For the Opposite Party/s : Mr. Anil Kr. Singh No.1 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 04-01-2016 Heard both sides.

The petitioner apprehends his arrest in Bhagwanpur P.S. Case No. 95/2015, registered for the offences punishable under Section 409 and other Sections of the Indian Penal Code. The petitioner being the Headmaster of the upgraded Middle School, Kinnar Chola took Rs. 7 lacs for construction of school building, but did the work of Rs. 1,13,546/-. It is submitted that the petitioner earlier filed a complaint against the informant that the informant went upon to lodge a false case against him. The petitioner was suspended vide order as contained in letter no. 3526 dated 20.12.2013 and the petitioner handed over the charge. He also mentioned the different articles collected for construction of the school building. The price

Patna High Court Cr.Misc. No.42705 of 2015 (4) dt.04-01-2016 of the articles of which the charge was handed over to the successor of the petitioner is about Rs. 4 lacs. It is further submitted that the petitioner is ready to deposit the remaining amount.

It appears from perusal of the FIR that the FIR was lodged in the year 2015 and the petitioner is alleged to have misappropriated Rs. 5,86, 454/-. The FIR itself disclosed that the petitioner was involved in many other illegal activities of filling up forms of such students who were not the students of the school. Considering the nature of allegations made against the petitioner, I am not inclined to enlarge the petitioner above named on anticipatory bail. Accordingly, the same is rejected. (Prabhat Kumar Jha, J.) Rakhi U T