Sanjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52605 of 2018 Arising Out of PS. Case No.-189 Year-2013 Thana- AMARPUR District- Banka ====================================================== Sanjay Kumar, S/o Sarju Pd. Yadav, Incharge Head Master New Primary School Teliya Harijan Tola Under P.S. Fullidumar, Distt.- Banka. R/o VillageBaja, Police Station- Amarpur, District- Banka. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Ajay Mukherjee For the Opposite Party/s :

Mr. Sri Ramchandra Sahani ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 409, 420, 120(B), 467 and 468 of the Indian Penal Code.

The prosecution case, in short, is that during the inspection of the school, it transpired that the petitioner has embezzled the amount of scholarship and dress amount of the student.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is the Incharge Headmaster of the

Patna High Court Cr.Misc. No.52605 of 2018(2) dt.10-09-2018 2/2 School. There was allegation of defalcation to the tune of Rs. 69,500/- against the petitioner. In course of investigation, the case was found to be false and final form was submitted against the petitioner. The Court below, differing with the police report took cognizance in the case.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R./complaint case. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. -I, Banka in connection with Amarpur (Fullidumar) P.S. Case No. 189/13, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T