Rameshwar Singh And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.24295 of 2018 Arising Out of PS.Case No. -133 Year- 2016 Thana -DINARA District- SASARAM (ROHTAS) ======================================================
1. Rameshwar Singh, Son of Jamuna Singh, Resident of Village- Dinara, P.S.- Dinara, District- Rohtas, (Lecturer Department of Economics).
2. Kishore Bimal, Son of Shiv Balak Yadav, R/o Village- Rounni, P.S.- Vikramganj, District- Rohtas (Cashier).
3. Lallan Prasad Singh, S/o Late Ram Naresh Singh, R/o VillageMushwat, P.S.- Natwar, District- Rohtas (Cashier).
4. Paras Nath Singh, S/o Late Anant Singh, R/o Village- Bhaluni Tola, P.S.- Dinara, District- Rohtas.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Javed Aslam For the Opposite Party/s : Mr. Sri Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-08-2018 The petitioners are apprehending their arrest in connection with Dinara P.S. Case No. 133 of 2016, registered for offences punishable under Sections 467, 468, 419, 420, 406 and 34 of the IPC.
Allegation against the petitioner no. 1 is that in spite of the fact that informant was appointed as in-charge Principal of the college, the petitioner no. 1 got the admission of several student and collected the huge amount from them and it is alleged that petitioner no. 1 and petitioner nos. 2 to 4, who are staffs of college misappropriated the said amount of Rs. 29 Lacs. It has been submitted on behalf of the petitioners that inchargeship of the post of Principal of the college is in dispute and the same has not been decided uptil now and the petitioner no. 1 in the capacity of In-charge Principal had got the students admitted
Patna High Court Cr.Misc. No.24295 of 2018 (4) dt.08-08-2018 2/2 in the college and there is nothing wrong in that and has duly maintained the accounts and bills. Moreover, the petitioner no. 1 and other petitioners, who are cashier and clerks of the said college have falsely been made accused in this case and they are ready to give accounting of alleged defalcated money. Heard learned A.P.P. also.
Having heard both sides, in view of the above facts, let the petitioners above named, surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on provisional bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Bikramganj, Rohtas, in connection with Dinara P.S. Case No. 133 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, till submission of charge-sheet and in the meantime, they will produce all relevant papers before the I.O., who will examine the same, however, even in spite of that if the allegation against the petitioners is found to be true and the charge-sheet is submitted against them, they will have to surrender before the court below and pray for regular bail.
With the above observation and direction, this application is disposed of.
(Vinod Kumar Sinha, J) sunil/- U T