Suresh Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53508 of 2017 Arising Out of PS.Case No. -207 Year- 2016 Thana -CHARPOKHARI District- BHOJPUR ====================================================== Suresh Prasad, S/o-Late Jagarnath Ram, R/o-Village- Bheriya, P.O.- Khiriaon, P.S.-kachwan, District-Rohtas.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Chandra Bhushan Das For the Opposite Party/s : Mr. Sri Mithilesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 09-11-2017 Heard learned counsel for the petitioner and the State. Petitioner is apprehending arrest in connection with Charpokhari P.S. Case No. 207 of 2016 for an offence under sections 406, 420, 409, 467, 471, 120(B) and Section 34 of the Indian Penal Code.

Counsel for the petitioner submits that he has been made accused in the instant case as a counter blast against erring Head Masters within the territorial jurisdiction of the district of Bhojpur as petitioner being the District Education Officer was under obligation to maintain financial discipline in the school within his territorial control.

He submits that in the matter of construction of the school building, Head Masters of the different schools were proceeded against at the instance of the petitioner and that is the

Patna High Court Cr.Misc. No.53508 of 2017 (2) dt.09-11-2017 2/2 reason he has been made accused at the instance of the Head Master.

The details of the cases filed by the Head Master against whom he has taken coercive steps are enumerated in para3 of the petition. Counsel for the State on the other hand submits that against the petitioner there are serious allegations and as such he does not deserve anticipatory bail.

After hearing the parties and on consideration of the entire facts and circumstances particularly the fact the petitioner is District Education Officer and he is In-charge of the primary school which falls within the territorial jurisdiction of the district of Bhojpur, the court is inclined to grant anticipatory bail to the petitioner, let the petitioner, named above, be released on 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/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate2nd, Bhojpur at Ara in connection with Charpokhari P.S. Case No. 207 of 2016, subject to the condition as laid down under section 438(2) of the Cr.P.C.

(Anil Kumar Upadhyay, J) Ravi/- U T