Kamaluddin Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.64742 of 2018 Arising Out of PS. Case No.-7 Year-2018 Thana- JOGAPATTI District- West Champaran ====================================================== Kamaluddin Ansari son of Late Khalil Ahmad Ansari, Teacher, Madarsa Islamia, Kharpur Mahnad, resident of village- North side of Dardavi Chowk, Ganj No. 1, Police Station- Bettiah Town, District- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.A.Shamsi, Advocate : Mr. Ram Kishun Prasad, Advocate For the Opposite Party/s :

Mr. Md. Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 13-12-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks pre-arrest bail in connection with Yogapatti P.S. Case No.07 of 2018 registered under Sections 406, 420, 467, 468, 471 and 120B of the Indian Penal Code. It is submitted by the learned counsel for the petitioner that the first information has been instituted on the basis of the complaint which was referred to the police under Section 156(3) of the Code of Criminal Procedure for investigation. The only allegation against the petitioner is that he was appointed as an expert in the matter of appointment of teachers in Madarsa by the Managing Committee. He submitted that the petitioner had discharged his duties honestly and there is

Patna High Court Cr.Misc. No.64742 of 2018(2) dt.13-12-2018 2/2 no mala fide on his part in appointment of any teacher. He contended that there was no illegality in appointment of any teacher, but due to ulterior motive the complainant had lodged the present complaint.

Learned counsel for the State opposed the application for grant of pre-arrest bail to the petitioner. Considering the nature of allegation and the pleadings advanced at the Bar, in the event of arrest or surrender before the court below within six weeks from today, the petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Yogapatti P.S. Case No.07 of 2018 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Ashwani Kumar Singh, J) Md. S/- U T