Subodh Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35310 of 2016 Arising Out of PS.Case No. -214 Year- 2015 Thana -GOGRI District- KHAGARIA ====================================================== Subodh Das, Son of Jhaksu Das, Resident of village:- Choti Maira, Police Station:- Pura Gogri, District:- Khagaria.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Rajesh Kumar, Advocate For the Opposite Party/s : Mr. Arbind Kumar Pandey, APP 84 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 20-08-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with Gogri P.S. Case No. 214 of 2015 registered under Section 409 of the Indian Penal Code.

It is submitted by the learned counsel for the petitioner that upon the order of Block Development Officer, Gogri, issued vide Letter No. 1025, dated 18.09.2012, on 15th October, 2012, the petitioner gave charge to one Pramod Prasad Chourasiya. From the charge report, it would be evident that he has returned Rs. 2,41,042/- to the new incumbent. The aforesaid

Patna High Court Cr.Misc. No.35310 of 2016 (2) dt.20-08-2016 2 / 2 amount was the unutilized money lying with the petitioner. It is further contended that the date of occurrence as mentioned in the FIR is 29th May, 2015 to 14th July, 2015, but at that time, the petitioner was not the incharge headmaster of the school, in question.

It is also contended that the petitioner is suffering from cancer and the doctor attending him has advised him to undergo radiotherapy of chin.

Learned counsel for the State has opposed the application for grant of bail to the petitioner. Be that as it may, regard being had to the facts and circumstances of the case, the petitioner, who is in custody since 4.6.2016, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st Class, Khagaria in connection with Gogri P.S. Case No. 214 of 2015.

(Ashwani Kumar Singh, J.) Sanjeet/- U T