Patna High Court - Orders
Bijendra Kumar Jon @ Bijendra Kumar John vs The State Of Bihar on 10 April, 2018
Author: Sanjay Priya
Bench: Sanjay Priya
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.12807 of 2018
Arising Out of PS. Case No.-102 Year-2011 Thana- NABINAGAR District- Aurangabad
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Bijendra Kumar Jon @ Bijendra Kumar John, Son of Late Mohan Masih,
Resident of Village- Tetariya, P.S. Nabinagar, District- Aurangabad.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Sanjay Kumar, Advocate
For the Opposite Party/s : Mr. Rajesh Kumar, APP
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CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA
ORAL ORDER
3 10-04-2018Heard learned counsel for the petitioner and the State.
The petitioner apprehends arrest in Nabinagar P.S. Case No. 102 of 2011, instituted for the offence under Sections 420/34 of the IPC.
The first information report has been lodged on the basis of complaint made by the Block Education Officer, Nabinagar to the Officer-in-Charge, alleging that the District Superintendent of Education, Aurangabad vide his letter, has enclosed list of schools and their Headmasters, who failed to make refund of A.C./D.C. head and accordingy, the FIR has been lodged against 68 Headmasters of various schools.
Learned counsel for the petitioner has submitted that this petitioner has already retired from service on March, 2017. The name Patna High Court Cr.Misc. No.12807 of 2018(3) dt.10-04-2018 2/3 of this petitioner finds place at item no. 57, as per the list enclosed and a dues of Rs. 22,000/- is shown in the column against this petitioner.
Counsel for the petitioner has submitted that the entire allegation against the petitioner is wrong. He has already deposited Rs. 22,500/- and the same has been affirmed by the District Programm Officer, Primary Education and Sarva Shiksha Abhiyan, Aurangabad. He has also issued no dues certificate which is enclosed as Annexure-2 to this petition.
In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner, named above, in the event of his arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Nabinagar P.S. Case No. 102 of 2011, to the satisfaction of the learned Chief Judicial Magistrate, Aurangabad, subject to condition as laid down u/S 438 (2) of the Cr. P.C. with further conditions (1) (bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every dated fixed by the court and absence on two consecutive dates without proper and Patna High Court Cr.Misc. No.12807 of 2018(3) dt.10-04-2018 3/3 reasonable reason, will automatically cancel bail bonds of the petitioner and (3) if the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(Sanjay Priya, J) khushbu/-
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