Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52762 of 2019 Arising Out of PS. Case No.-459 Year-2019 Thana- NAWADA District- Nawada ====================================================== AMIT KUMAR Son of Vinod Kumar Singh Resident of 302 Maya Enclave Road No. 10, Patel Nagar, Rajbanshi Nagar, P.S.- Shastri Nagar, Dist.- Patna - 23.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Suman Kumar For the Opposite Party/s :

Mr.Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 23-08-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Nawada Town P.S. Case No. 459 of 2019, disclosing the offence under Sections 193, 199, 420, 465 of the Indian Penal Code. The petitioner runs a nursing school and ITI. It is alleged that when an inspecting team had gone to inspect the institute, the same was found to be closed. The institute has been granted recognition by the Government but it is alleged that the same has been obtained fraudulently concealing the material facts.

Learned counsel appearing on behalf of the petitioner has submitted with reference to the statement made in paragraph 10 of this application that the nursing school has been granted affiliation up to Sessions 2017-19 and for the subsequent session

Patna High Court CR. MISC. No.52762 of 2019(2) dt.23-08-2019 2/2 affiliation has not yet been granted. According to him, if the inspectors could not hold inspection because of any reason, the same would not amount to any criminal misconduct. Be that as it may, considering the nature of allegation made in the FIR and in view of the submission made on behalf of the petitioner, case for grant of anticipatory bail is made out. This application is allowed. Let the petitioner, above-named, in the event of his arrest/surrender within six weeks from today in the court below, be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand), with two sureties of the like amount, each to the satisfaction of learned Chief Judicial Magistrate, Nawada in Nawada Town P.S. Case No. 459 of 2019, subject to the condition 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 appear before the court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Rajesh/- U T