Makardhwaj Kumar Ram v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.23969 of 2018 Arising Out of PS.Case No. -534 Year- 2017 Thana -KOTWALI District- PATNA ====================================================== Makardhwaj Kumar Ram, Son of Dashasumer Ram, Resident of VillageRawani, Police Station- Rajpur, District- Buxar. .... .... Petitioner
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Ramchandra Singh For the Opposite Party/s : Mr. Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-05-2018 Heard learned counsel for the petitioner.
Petitioner apprehends his arrest in connection with Kotwali P.S. Case No. 534 of 2017 registered for the offences punishable under Sections 417, 418, 419, 420, 465, 466, 467 and 468/120B of the Indian Penal Code.
Allegation against the accused persons, including the petitioner is that they have submitted forms of regular students as ex-students and in spite of noticing the same they have not informed the Board for correcting the same, causing inconvenience to several students.
Submission of learned counsel for the petitioner is that in this case there is allegation of defalcation of amount and according to FIR at best it is a case of irregularity and not illegality and other staff of the Board have been granted privilege of anticipatory bail by different Benches of this Court vide order dated 19.1.2018 passed in Cr.Misc.No.1443 of 2018 and vide order dated 7.2.2018
Patna High Court Cr.Misc. No.23969 of 2018 (3) dt.04-05-2018 2/2 in Cr.Misc.No. 5396 of 2018.
Heard learned APP and learned counsel for the Bihar School Examination Board, who have opposed the prayer for anticipatory bail.
Having heard both sides and in the facts and circumstances, let the petitioner, above named, surrender within a period of four weeks from the receipt of this order and on his so surrendering he shall be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Patna, in connection with Kotwali P.S. Case No. 534 of 2017, subject to the conditions under Section 438(2) of the Code of Criminal Procedure and further condition that one of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of court concerned and petitioner shall co-operate in investigation and appear before the police as and when required, otherwise his bail bond shall be cancelled. (Vinod Kumar Sinha, J) spal/- U