Manish Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75202 of 2019 Arising Out of PS. Case No.-250 Year-2019 Thana- BARHARA District- Bhojpur ====================================================== MANISH KUMAR SINGH Son of Shri Rameshwar Singh Resident of Village and P.O. - Sinha, P.S.- Sinha, Distt - Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binay Kumar Pandey For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-12-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Barhar (Sinha O.P.) P.S. Case No. 250 of 2019 registered for the offence punishable under Sections 420 and 409 of the Indian Penal Code.

The allegation is regarding the petitioner having misappropriated Government fund to the tune of Rs. 4,71,200/- while being posted as in-charge Principal, Primary Girls School, Lavkushpur, Barhara. It is alleged that misappropriation of government fund had taken place on account of certain irregularities having been committed by the petitioner pertaining to the midday meal scheme.

The learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.75202 of 2019(2) dt.19-12-2019 2/3 petitioner is innocent and he has been falsely implicated in the present case and he is having a clean antecedent. Nonetheless, it is submitted that in order to show his bona fides, the petitioner is ready to deposit 50% amount of the aforesaid Government fund alleged to have been misappropriated i.e. a sum of Rs. 2,35,000/- in order to secure the privilege of anticipatory bail. Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioner above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt / production of a copy of this order, on anticipatory bail on furnishing bail bond of Rs.

10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Barhara (Sinha O.P.) P.S. Case No. 250 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further subject to production of proof of having deposited a sum of Rs. 2,35,000/- in the nazarat of the learned Civil Court, Bhojpur at Ara.

It is needless to state that the aforesaid amount so deposited by the petitioner shall be subject to the final outcome of the trial.

Patna High Court CR. MISC. No.75202 of 2019(2) dt.19-12-2019 3/3 The present petition stands disposed of on the aforesaid terms.

(Mohit Kumar Shah, J) ajay gupta/- U T