Madan Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2010 of 2017 Arising Out of PS.Case No. -103 Year- 2016 Thana -ANDER District- SIWAN ====================================================== Madan Prasad Son of late Dinanath Prasad Resident of VillageRaghunathpur, P.S.- Raghunathpur, District- Siwan. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajesh Roy For the Opposite Party/s : Mr. Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 11-07-2017 Supplementary affidavit has been filed on behalf of the petitioner. Let it be kept on the record. Heard the learned counsel for the petitioner as well as the learned A.P.P. for the State.

In this application for anticipatory bail the petitioner apprehends his arrest in connection with Andar P.S. Case No. 103 of 2016 for the offences punishable under sections 417, 420, 406 and 409 of the I.P.C.

Allegation against the petitioner is that he got appointment as Assistant Teacher in the Rajkiya Buniyadi Vidyalaya, Andar on the basis of cheating resulting after enquiry his service has been terminated and he has received salary amounting to Rs. 26,99,056/- and as such he has cheated the Government.

Patna High Court Cr.Misc. No.2010 of 2017 (4) dt.11-07-2017 2/2 Submission is of false implication and that against the order of Regional Deputy Director of Education, Saran Division, Chapra by which service was terminated, the petitioner filed C.W.J.C. No. 5345 of 2016 which was disposed of by the Hon'ble Court and the termination order has been set aside and quashed and the petitioner was reinstated in his respective post with all consequential benefits. The order has been annexed with the supplementary affidavit and as such the petitioner deserves sympathetic consideration.

The learned A.P.P. after going through Annexure-2 annexed with the supplementary affidavit submits that C.W.J.C. No. 5345 of 2016 filed by the petitioner has been allowed. In the facts and circumstances as stated above, the petitioner, in case of his arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of. Sri D.K. Mishra, J.M. Siwan in connection with above mentioned case, subject to the conditions as laid down in section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) Abhay/- U T