Nand Kishore v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7184 of 2015 Arising Out of PS.Case No. -11 Year- 2015 Thana -DAUDNAGAR District- AURANGABAD ======================================================

1. Nand Kishore Son of Late Kapileshwar Prasad, Resident of VillageAnkroha, P.S.- Khudwan, District- Aurangabad (Bihar), At present residing at Resident of Mohalla- Sri Krishna Nagar, P.S.- Aurangabad (Nagar), District- Aurangabad (Bihar) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mrigendra Kumar, Advocate. For the Opposite Party/s : Mr. S.Dayal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 23-02-2015 Heard both sides.

The petitioner apprehends his arrest in Daudnagar P.S. Case No. 11 of 2015, registered for the offences punishable under Sections 406 and 409 of the Indian Penal Code. In sum and substance, the allegation is that the petitioner after superannuation on 30.06.2014 did not handover the charge to his successor causing stoppage of financial works in the school.

It is submitted that the petitioner has already handed over the charge to Usha Kumari the in-charge headmaster in presence of all the teachers as the same appears from Annexure-2. Even the learned Sessions Judge has taken note of this fact in his

Patna High Court Cr.Misc. No.7184 of 2015 (2) dt.23-02-2015 2/2 order while rejecting the prayer for anticipatory bail of the petitioner.

Considering the facts aforesaid and the fact that the petitioner has already handed over the charge to Usha Kumari in presence of all the teachers, the petitioner, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Learned Sub-Divisional Judicial Magistrate, Daudnagar, Aurangabad in connection with Daudnagar P.S. Case No. 11 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Prabhat Kumar Jha, J.) KKSINHA/- U T