Patna High CourtCR. MISC./76392/2023allowed

Mukesh Kumar v. The State Of Bihar

2023-12-01Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76392 of 2023 Arising Out of PS. Case No.-143 Year-2022 Thana- ASARGANJ District- Munger ====================================================== MUKESH KUMAR S/O LATE KARTIK TANTI R/O VILL/MUHALLA - BERAI, P.S.- ASARGANJ, DIST - MUNGER ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjiv Kumar Singh For the Opposite Party/s :

Mr.Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 420, 409 of the Indian Penal Code.

3. As per prosecution case, the petitioner was incharge principal of Middle School, Kharba and allegation against him that he made irregularities in providing Mid-DayMeal to students of that school. He was also found absent during inspection.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is also submitted that the petitioner was not present in school that day as he was on casual

Patna High Court CR. MISC. No.76392 of 2023(2) dt.01-12-2023 2/2 leave on the aforesaid dates and when B.E.O. himself was examined as PW3, he admitted this fact. The petitioner has got no criminal antecedent as stated in para-3 of the bail petition. It is further submitted that the petitioner is languishing in judicial custody since 24.4.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Asarganj P.S. Case No. 143 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Munger.

(Sunil Kumar Panwar, J) Amandeep/- U T