Rishidhyanpal Nandan Bharti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58401 of 2024 Arising Out of PS. Case No.-20 Year-2021 Thana- SHANKARPUR District- Madhepura ====================================================== Rishidhyanpal Nandan Bharti S/O Late Badrinath Bharti Resident of villageBariyahi, Ward no.12, P.S-Shankarpur, District-Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jitendra Kumar Giri, Advocate For the Opposite Party/s :

Mrs. Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-01-2025 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary.

2. The petitioner seeks bail in connection with Shankarpur P.S. Case No. 20 of 2021, instituted for the offences punishable under Sections 406, 409 and 420 of the Indian Penal Code.

3. The prosecution case, in short, is that, the petitioner has misappropriated the public money of Rs. 17,19,450/- from A/c No. 31585410737 pertaining to Vidyalaya Siksha Samiti Development Fund as per letter no. 227 dated 13.02.2021 issued by the District Education Offier (D.E.O.), Madhepura.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the

Patna High Court CR. MISC. No.58401 of 2024(4) dt.20-01-2025 2/3 present case. Charge-sheet has been submitted in this case. Learned counsel for the petitioner also submits that the petitioner is In-charge Headmaster of the School. The petitioner has not committed any criminal act as alleged in the FIR because he has utilized the amount of the school account towards the School Development and on the Head of other schemes and he has also submitted utility certificate to the competent authority. The petitioner is in custody since 19.03.2023 and has got no criminal antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner. It is also submitted that there is specific allegation of embezzlement and criminal misappropriation of public money of Rs. 17,19,450/- against the petitioner. Hence, the petitioner does not deserve the privilege of bail.

6. As per report of the learned Court below dated 11.12.2024, it transpires that charge has been framed and dasti summons are issued against four charge-sheeted witnesses including Investigation Officer. The case is likely to be concluded within a period of six months.

7. Considering the aforesaid facts and circumstances of the case, stage of the trial, nature of accusation and the

Patna High Court CR. MISC. No.58401 of 2024(4) dt.20-01-2025 3/3 gravity of the offence, this Court is not inclined to grant bail to the petitioner.

8. The prayer is rejected. The trial Court is directed to expedite the Trial expeditiously. However, if the trial is not concluded within a period of six months from the date of receipt/production, the petitioner will have liberty to renew his prayer for bail in the Court below.

(Rudra Prakash Mishra, J) Rajorshi/- U T