Mahi Narayan Singh @ Mahi Narayan Mandal @ Master Mahi Narayan Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32677 of 2018 Arising Out of PS.Case No. -487 Year- 2017 Thana -BIRAUL District- DARBHANGA ====================================================== Mahi Narayan Singh @ Mahi Narayan Mandal @ Master Mahi Narayan Mandal, Son of Mesilal Mandal, Resident of Village- Kahuwa, Police Station- Biraul, District- Darbhanga.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pankaj Kumar Jha, Advocate. For the Opposite Party/s : Mr. Ajit Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 11-07-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Biraul P.S. Case No. 487 of 2017 instituted for the offence under Sections 467, 468, 471, 420, 409 and 120(B) of the Indian Penal Code. In the written report it is alleged that petitioner has misappropriated Government money of Rs.15,00,000/- in different Schemes either of Scholarship or Mid-day meal on the basis of fake document and thumb impression of the informant. Learned counsel for the petitioner has submitted that petitioner is going to retire in the month of June, 2018 and during entire service period, there is no allegation against him. It has further been submitted that neither any competent authority nor any beneficiary has made complaint against the petitioner. There

Patna High Court Cr.Misc. No.32677 of 2018 (4) dt.11-07-2018 2/3 is no any complaint by the department or administration against the petitioner of misappropriation of Government money. The petitioner has already submitted proceeding register as well as monthly report of each scheme under Scholarship and Mid-day Meal, which is duly verified by the In-charge Officer of Mid-day meal. He found no illegality in the scholarship scheme and Midday meal. Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Biraul P.S. Case No. 487 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 learned Additional Chief Judicial Magistrate, Biraul, Distt. Darbhanga, subject to the conditions as laid down under Section 438 (2) Cr. P.C.

(2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if petitioner tampers with the

Patna High Court Cr.Misc. No.32677 of 2018 (4) dt.11-07-2018 3/3 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) S.Ali/- U T