Patna High CourtCR. MISC./72178/2024bail granted

Prabodh Kumar v. The State Of Bihar

2024-10-29Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72178 of 2024 Arising Out of PS. Case No.-375 Year-2022 Thana- RIVILGANJ District- Saran ====================================================== Prabodh Kumar Son of Muktinath Prasad Resident of Village- Mission Road Dahiyawan, P.S. -Chhapra Town, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vyas Kumar Mishra For the Opposite Party/s :

Mr.Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 29-10-2024

1. Heard the parties.

2. The petitioner apprehends his arrest in connection with Rivilganj P.S. Case No. 375 of 2022 dated 01.11.2022 registered under Sections 409 / 34 of the I.P.C.

3. As per the first information report the D.P.O., Secondary Education, Saran informed the S.H.O., Rivilganj through his letter no. 349 dated 01.11.2022 that financial irregularity has been committed in Kuer Chandradeep College, Rivilganj, Chhapra (Saran) by the Principal and other accused persons including the petitioner. As per the allegation the Principal granted grant in aid to the petitioner without any proof of working of the petitioner.

Patna High Court CR. MISC. No.72178 of 2024(2) dt.29-10-2024 2/3

4. Learned counsel for the petitioner submits that petitioner was working in the College as a Typist -cum- Clerk since 1997. He continued to work and mark his attendance in the College. The grant in aid was being paid to the petitioner since 20062008. The petitioner received grant as a bona fide non teaching employee of the College. The letter at Annexure -2 of the D.P.O., Saran dt: 12.10.2022 also reflected that the petitioner was working in the College and was marking his attendance. The letter of the R.D.D., Saran Chapra dt:13.10.2022 (Annexure3) also confirms that petitioner was working as a Clerk in College and his name is reflected in attendance register.

5. Regard being had to the submission made by the parties, taking into consideration the nature of allegation and the fact that petitioner has received grant in aid from the College for previous years also, I am inclined to grant anticipatory bail to the petitioner.

6. Let the petitioner, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of Sri Kumar Sashi, Judicial Magistrate-1st Class, Saran at Chapra in

Patna High Court CR. MISC. No.72178 of 2024(2) dt.29-10-2024 3/3 connection with Rivilganj P.S. Case No. 375 of 2022 subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anil Kumar Sinha, J) praful/- U T