Shailendra Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50758 of 2015 Arising Out of PS.Case No. -111 Year- 2015 Thana -RAJAPAKAR District- VAISHALI(HAJIPUR) ====================================================== Shailendra Pandey Son of Late Jagdeo Pandey, Resident of Village - Harpur Mukund, P.S. - Rajapakar, District - Vaishali. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rakesh Kumar Soni, Advocate For the Opposite Party/s : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 06-11-2015 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 323, 341, 379, 363, 504, 506 of the Indian Penal Code registered in connection with Rajapakar P.S. Case No. 111 of 2015.

3. It is submitted that the petitioner has been falsely implicated at the instance of the informant being the Headmaster of the concerned school in retaliation as the petitioner being the President of the School Shiksha Committee of the concerned school had made complaint in connection with misappropriation of Government money in construction as well as scholarship of the concerned school.

4. Having regard to the entirety of the facts and circumstances of the case, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of

Patna High Court Cr.Misc. No.50758 of 2015 (2) dt.06-11-2015 communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Rajapakar P.S. Case No. 111 of 2015 subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the following further conditions:

(i) The petitioner shall cooperate with the investigation and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (ii) The petitioner shall remain physically present on each and every date during trial and in the event of failure on two consecutive dates, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Chandran U T