Keshaw Nath Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.387 of 2015 Arising Out of PS.Case No. -262 Year- 2013 Thana -BARHARIA District- SIWAN ====================================================== Keshaw Nath Thakur, Son of Late Jagar Nath Thakur, Resident of Village - Harpur, Post Office Police Station-Guthani, District - Siwan at present posted as Assistant Teacher Government Basic School, Mahabirganj Anchal - Barharia, District - Siwan.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shailendra Kumar Dwivedi, Advocate. For the Opposite Party/s : Mr. Kanhaiya Kishor (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 07-01-2015 Heard both sides.

The petitioner apprehends his arrest in Barharia G.B. Nagar P.S. Case No. 262 of 2013, registered for the offences punishable under Sections 409, 406, 420 and 34 of the Indian Penal Code.

The Block Education Officer, Barharia lodged a case making allegation that the headmaster of Basic School, Mahabirganj, Suraj Lal Prasad and senior Assistant Teacher Keshav Nath Thakur (the petitioner) misappropriated the huge amount.

Learned counsel for the petitioner submits that the petitioner along with Suraj Lal Prasad is alleged to have withdrawn Rs. 7,80,000/-, but in pursuance of order dated

Patna High Court Cr.Misc. No.387 of 2015 (2) dt.07-01-2015 05.02.2014 of this Court Suraj Lal Prasad was granted anticipatory bail and he was directed to complete the work. After completion of the work Suraj Lal Prasad has already been granted anticipatory bail vide order dated 19.11.2014. The case of the petitioner stands on the same footing.

Considering the facts aforesaid, the petitioner, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged 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 the learned Chief Judicial Magistrate, Siwan in connection with Barharia G.B. Nagar P.S. Case No. 262 of 2013, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Prabhat Kumar Jha, J.) KKSINHA/- U T