Arvind Kumar @ Mukhiya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66337 of 2024 Arising Out of PS. Case No.-150 Year-2014 Thana- KUMAR KHAND District- Madhepura ====================================================== Arvind Kumar @ Mukhiya, S/o Late Shib Narayan Yadav R/o VillageKhurda, Israin Khurd, P.S.- Kumarkhand, District- Madhepura. 852112 ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nand Sagar For the State :
Mr. Chandra Bhushan Prasad- A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-02-2025
1. Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 406, 409, 419, 420, 467, 468, 471, 472 and 34 of the Indian Penal Code.
3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that petitioner, being Mukhiya and Member of the Education Committee along with other members and the Panchayat Secretary committed illegality in appointment of Niyojit Teacher and appointed their own men as Niyojit Teacher.
4. The learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case. It is
Patna High Court CR. MISC. No.66337 of 2024(2) dt.12-02-2025 2/3 next submitted that Niyojit Teachers were appointed in accordance with rules and the allegation that the petitioner appointed his own men has only been made to coerce the petitioner into submission.
5. Learned A.P.P. Sri Chandra Bhushan Prasad opposes the anticipatory bail application and submits that petitioner is Mukhiya and allegations are serious that he flouted the rules for appointing his own men. It is also submitted that if privilege of anticipatory bail is granted to the petitioner, he may abscond, on which the learned counsel appearing on behalf of the petitioner submits that petitioner will not abscond rather will cooperate in the investigation to prove his innocence.
6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-I, Madhepura in connection with Kumarkhand P. S. Case No.150 of 2014, subject to the conditions laid down under Section 438(2) of the Cr.P.C., with a condition that one of the bailors of the petitioner
Patna High Court CR. MISC. No.66337 of 2024(2) dt.12-02-2025 3/3 shall be his son Pratik Raj.
7. The application stands allowed.
8. However, it is made clear that in the event, if any application is filed by the Investigating Officer before the learned trial Court bringing to its notice that petitioner, despite giving assurance to this Court, is not cooperating in the investigation or is not presenting himself as and when required, the learned trial Court shall be at liberty to cancel the bail bonds of the petitioner after recording reasons.
9. Further, it is made clear that in the event, if chargesheet is filed connecting the petitioner with the offence in that event, the present anticipatory bail order shall come to an end. 10.
Let a copy of this order be sent to the concerned Police Station through the learned trial Court. (Satyavrat Verma, J) vikash/- U T