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Patna High CourtCR. MISC./71727/2023bail granted

Jitendra Kumar Pandey @ Jitendra Pandey v. The State Of Bihar

2023-11-07Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71727 of 2023 Arising Out of PS. Case No.-159 Year-2019 Thana- AGIAON District- Bhojpur ====================================================== Jitendra Kumar Pandey @ Jitendra Pandey Son Of Late Sachidanand Pandey Resident Of Village- Barap, Ps- Agiyawan (GARAHNI), Distt- Bhojpur, Ara ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rama Kant Sharma, Sr. Advocate Mr. Santosh Kumar Pandey, Advocate Mr. Amresh Kumar, Advocate For the Opposite Party/s :

Mr. Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 07-11-2023

1. Heard learned Senior counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Agiaon (Garahni) P.S. Case no.159 of 2019 registered under sections 406 and 420 of the Indian Penal Code.

3. As per the prosecution case, the informant states that inspite of the decision taken by the syndicate in its meeting held on 20.5.2017 not to take admission in the courses mentioned in the F.I.R, the college in question proceeded to take admission. The said decision had also been communicated to the college in question by the Registrar by his letter dated 8.6.2017.

4. Learned Senior counsel appearing for the petitioner submits that while the so called decision of the syndicate is said

Patna High Court CR. MISC. No.71727 of 2023(2) dt.07-11-2023 2/2 to have taken place in the meeting of the syndicate on 20.5.2017, the petitioner joined as a In-charge Principal of the college only on 7.12.2017 when the process of admission was already over. It is further submitted that the petitioner has no criminal antecedent, he is in custody since 31.7.2023 and charge-sheet has been submitted in the case.

5. Heard learned A.P.P for the State.

6. Having heard learned counsel for the parties and taking into consideration the nature of allegation in the F.I.R, the petitioner having remained in custody since 31.7.2023, not having any criminal antecedent and charge-sheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Agiaon (Garahni) P.S. Case no.159 of 2019 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 Additional Chief Judicial Magistrate XI, Bhojpur at Ara.

(Partha Sarthy, J) Shiv/- U