Sharma Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42016 of 2016 Arising Out of PS.Case No. -190 Year- 2016 Thana -GHORASAHAN DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Sharma Thakur Son of Laxmi Thakur Resident of Village- Bishmbharpur, P.S.- Dhaka, District- East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Shankar Shrivastava, Advocate For the Opposite Party/s : Mr. Smt. Meena Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 03-10-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for grant of anticipatory bail arises out of Ghorasahan P.S. Case No. 190 of 2016, disclosing offences under Sections 467, 468, 471, 420 and 409 of the Indian Penal Code.

The petitioner, at the relevant point of time, was working as Incharge Headmaster of Government High School, Kaswan in the district of East Champaran when inspection of the school was held by the Block Education Officer. It is alleged that on the basis of students attendance register, 94 per cent of attendance were shown on the previous day whereas on the date of

Patna High Court Cr.Misc. No.42016 of 2016 (2) dt.03-10-2016 2/3 inspection, the attendance was much low. It is also alleged that attendance on the date when the inspection was made, was quite low. It is further alleged that the quantity of rice as indicated in the stock register was found to be much less and what was available. Learned counsel for the petitioner has submitted that considering the nature of allegation, there is no scope for tampering with the evidence. He has further submitted that since the petitioner is a government servant, there is no likelihood of him fleeing from the course of justice. Considering the submissions as above, this application is allowed. Let the petitioner, above-named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs.

10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Sikrahana at Dhaka, East Champaran in connection with Ghorasahan P.S. Case No. 190 of 2016, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to

Patna High Court Cr.Misc. No.42016 of 2016 (2) dt.03-10-2016 3/3 appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Vats/-c U T