Sanjay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55945 of 2019 Arising Out of PS. Case No.-393 Year-2018 Thana- GAIGHAT DistrictMuzaffarpur ====================================================== SANJAY KUMAR, male, aged about 42 years, Son of Sri Ramchandra Thakur Resident of Village - Bela Gopi, P.O.- Ibrahimpur (Berua), P.S.- Gaighat, Block- Gaighat District- Muzaffarpur. Presently posted as Block Teacher at Upgraded Middle School Bhramotra Block - Gaighat, DistrictMuzaffarpur ... ... Petitioner
Versus
THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Nalin Kumar, Advocate.
For the Opposite Party:
Mr. Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 03-09-2019 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest for the offences alleged under Sections 420, 409, 467, 468, 471, 353, 379, 506 of the Indian Penal Code registered in connection with Gaighat P.S. Case No. 393 of 2018, G.R. No. 7295 of 2018.
3. It is submitted that the petitioner has been falsely implicated and the accusations are highly improbable as the petitioner is no more than a Block Teacher concerned only with teaching and not with maintenance at salary slip or service book of others which fall within the domain of the Accountant and the informant himself. It is submitted that as a matter of fact departmental proceeding has been initiated against the informant in respect of similar accusations (Annexure-2) in which the petitioner's name does not appear. It is further submitted that the informant is a person of dubious character as evident from the F.I.R. in Minapur P.S. Case No. 468 of 2015
Patna High Court CR. MISC. No.55945 of 2019(2) dt.03-09-2019 2/2 instituted against him in connection with missing records of Minapur Block (Annexure-3). The petitioner claims clean antecedents.
4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate15th, Muzaffarpur in connection with Gaighat P.S. Case No. 393 of 2018, subject to the conditions as laid down under Section 438
(2) Cr.P.C., and also subject to the following further conditions - (i) That one of the bailors shall be a close relative of the petitioner.
(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.
(iii) That the petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) That the petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.
(Vikash Jain, J) Ibrar//- U T