Brij Bhushan Kumar @ Sri Bhushan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78725 of 2019 Arising Out of PS. Case No.-28 Year-2019 Thana- PIRO District- Bhojpur ====================================================== 1.

Brij Bhushan Kumar @ Sri Bhushan Yadav, S/o Sudarshan Singh R/o village- Lahrabad, P.S.- Piro, District- Bhojpur 2.

Nagendra Kumar @ Guddu Kumar @ Guddu Singh S/o Shiv Prasad Singh R/o village- Lahrabad, P.S.- Piro, District- Bhojpur 3.

Sri Kant @ Srikant Singh S/o Ram Bachhan Singh R/o village- Lahrabad, P.S.- Piro, District- Bhojpur ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Ravindra Kumar For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 16-03-2020 Heard learned counsel appearing for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Piro P. S. Case No.28 of 2019 registered for the offences punishable under Sections 406, 420, 467, 468, 471 of the I.P.C. Petitioners happen to be clerk in Mahatma Gandhi Inter College, Lahrabad, Piro and the allegation against them is that they collected money from the students of intermediate for their registration, but subsequently, the registration of said students was not done.

Submission on behalf of petitioners is that there was

Patna High Court CR. MISC. No.78725 of 2019(4) dt.16-03-2020 2/2 two groups in the said degree college as well as Mahatma Gandhi Inter College and both groups collected cash from concerned students for their registration.

He further submits that even if it assumes that the petitioners took cash and issued receipts to concerned students, then also they did aforesaid act at the direction of their higher officials as well as management of the concerned college. Considering the aforesaid facts and circumstances of the case as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioners, in the event of their arrest/ surrender within six weeks from the date of receipt of this order to the Court concerned, shall be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-1st, Bhojpur at Ara in connection with Piro P. S. Case No.28 of 2019, subject to conditions as laid down under Section 438(2) of the Cr.P.C. (Hemant Kumar Srivastava, J) vikash U T