Ram Bhushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25320 of 2018 Arising Out of PS.Case No. -30 Year- 2018 Thana -KAKO District- JEHANABAD ====================================================== Ram Bhushan Kumar (Prakhand Teacher), Ex- Incharge Headmaster, Middle School Bhelawar, Kako, District- Jehanabad, S/o Ram Bachan Sharma, resident of Village- Imalia, P.S.- Kako (Bheluwar), DistrictJahanabad. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manoj Kumar Manoj, Advocate For the Opposite Party/s : Mr. Ram Sevak Choudhary, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 25-04-2018 Heard learned counsel for the petitioner and the State.

The petitioner apprehends his arrest in connection with Kako (Bhelawar) P.S. case no. 30 of 2018 for the offence under Sections 409 and 406 of the Indian Penal Code. Learned counsel for the petitioner with reference to para 3 of the petition submits that the petitioner has no criminal antecedent. He submits that the allegation against this petitioner is for misutilisation of the fund allocated in connection with Scholarship and Dress Scheme as well as Mid Day Meal Scheme. Learned counsel submits that the petitioner has been transferred from the school, in question, and thereafter the authorities have arbitrarily fixed the accountability on the petitioner. With

Patna High Court Cr.Misc. No.25320 of 2018 (2) dt.25-04-2018 2/2 reference to Annexure-4 he submits that the authorities themselves realized the mistake in lodging the F.I.R. against the petitioner. Learned counsel submits that in view of the above, the petitioner deserves anticipatory bail.

Considering the aforesaid, the petitioner, named above, in the event of arrest or surrender before the court below within one month from today, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-IV, Jehanabad in connection with Kako (Bhelawar) P.S. case no. 30 of 2018 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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