Rajendra Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14911 of 2018 Arising Out of PS. Case No.-59 Year-2017 Thana- MAJORGANJ District- Sitamarhi ====================================================== Rajendra Jha, Son of Ramswarth Jha, Resident of Village- Harpur Kala, P.S.- Mejorganj, District- Sitamarhi, presently posted as In-charge Headmaster, Govt. High School, Marpa, Sirpal, Mejorganj, Sitamarhi. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Surendra Kishore Thakur For the Opposite Party/s :

Mr. Sri Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 08-05-2018 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner, already in custody, seeks bail in connection with Mejorganj P.S. Case No.59 of 2017, registered under Sections 420 and 409/34 of the Indian Penal Code. Allegation in brief is that huge defalcation of government money was made by the petitioner and others and the specific allegation against the petitioner is that while he was In-charge Headmaster of the concerned school, he withdrew Rs.15 lacs in two days, i.e, on 01.08.2015 and 03.08.2015 but on what account he had made expenditure is not disclosed. Learned counsel for the petitioner submits that the petitioner was In-charge Headmaster from the year 2013 till

Patna High Court Cr.Misc. No.14911 of 2018(3) dt.08-05-2018 2/2 lodging of the FIR, prior to that other In-charge Headmasters were posted there and with regard to Rs.15 lacs, the petitioner has submitted Fund Utilization Report regarding purchase of bicycles and the scholarship fund.

Learned counsel for the State submits that there is no purchase receipt of the bicycle submitted by the petitioner or any document showing distribution of scholarship amount and Fund Utilization Report annexed with the bail petition does not bear the date of its submission or counter signature of the sanctioning authority.

Having considered the aforesaid facts and circumstances and the nature of defalcation, the Court is not persuaded to grant bail to the petitioner, accordingly, the prayer of bail of the petitioner is rejected in connection with Mejorganj P.S. Case No.59 of 2017, pending in the court of learned CJM, Sitamarhi.

(Arun Kumar, J) S.KUMAR/- U T