Ram Avtar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76417 of 2019 Arising Out of PS. Case No.-11 Year-2018 Thana- PARASI District- Jehanabad ====================================================== Ram Avtar Singh S/o Late Gariba Mahto R/o village- Kamta, P.S.- Parasi, District- Arwal, at present Head Master Khaderan Singh High School, Ram Lagan Bigha, P.S.- Parasi, District- Arwal ... ... Petitioner

Versus

1.

The State of Bihar 2.

Bindeshwar Prasad S/o Late Ramdeo Yadav R/o village- Dankabigha, P.S.- Parasi, District- Arwal ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar, Adv For the Opposite Party/s :

Mr. Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 19-06-2020 Heard learned counsel for the petitioner and learned counsel for the State via video conferencing. The petitioner has filed the present application for grant of pre-arrest bail in connection with Parasi P.S. Case No. 11 of 2018 registered for the offence punishable under Sections 420, 406, 409, 120B and 504 of the Indian Penal Code. It is submitted by the learned counsel for the petitioner that initially a complaint was filed by the complainant Bindeshwar Prasad, which was referred to the police in exercise of powers conferred under Section 156(3) of the Code of Criminal Procedure, pursuant to which, the first information report was registered and investigation was taken up. It is contended that the complaint has been filed with oblique motive

Patna High Court CR. MISC. No.76417 of 2019(5) dt.19-06-2020 2/2 without obtaining any sanction for prosecution of the petitioner, who is a public servant. A mischievous allegation of defalcation has been levelled in the complaint against the petitioner, a Principal of Khaderan Singh High School, Ram Lagan Bigha, P.S. Parasi, District-Arwal without there being any basis for that. It is further contended that the petitioner is a respectful person having roots in the society and is not likely to abscond or tamper with the evidence, if released on bail. Learned counsel for the State has opposed the application for grant of pre-arrest bail to the petitioner.

Regard being had to the facts and circumstances of the case, the nature of allegation and the submissions advanced at the bar, the petitioner is directed to be released on bail in the event of his arrest or surrender before the court below, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. IVth, Arwal in connection with Parasi P.S. Case No. 11 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Ashwani Kumar Singh, J) rohit/- U T