Sanjiv Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38098 of 2017 Arising Out of PS.Case No. -169 Year- 2017 Thana -KHAGARIA District- KHAGARIA ====================================================== Sanjiv Kumar, the then In-charge Head Master, Primary School Firangi Tola Khagaria, S/o Bhagwan Singh, Resident of Village - Shahar Kundi (Thatha), P.S.-Mansi, District-Khagaria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Binod Kumar, Advocate. For the Opposite Party/s : Mr. Pramod Kumar Pandey, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 10-08-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Khagaria (Gangour) P.S. Case No. 169 of 2017 registered under Sections 409 and 420 of the Indian Penal Code.

As per the prosecution case, the petitioner happens to be the Headmaster of the Primary School, Firangi Tola, Khagaria. He has committed breach of trust of Rs. 6,60,000/- given to him for mid-day meal, construction of building of the school and kitchen-cum-store room in the year 2010-11. It is submitted by learned counsel for the petitioner that the petitioner has purchased the building materials worth aforesaid amount for the construction of school building but could

Patna High Court Cr.Misc. No.38098 of 2017 (2) dt.10-08-2017 2/2 not construct due to demand of extortion of Rs. 1,00,000/- by some anti-social elements. Regarding the same demand of extortion, he has given information to top-brass administrative officers, Chief Minister and also in the newspaper. Thereafter, he was terminated from the service on 13.08.2012 and he handed over the charge of the aforesaid building materials purchased by him along with cash of Rs. 1,31,000/- to Chandradeo Sada, senior teacher of the said school. Thus, he has not committed any breach of trust. He has been languishing in custody since 19.06.2017. Considering the facts aforesaid, the above named petitioner 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 Chief Judicial Magistrate, Khagaria in connection with Khagaria (Gangour) P.S. Case No. 169 of 2017, G.R. No. 715 of 2017.

(Prakash Chandra Jaiswal, J) Mishra/- U T