Patna High Court
Anil Kumar vs The State Of Bihar on 21 August, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 6676 of 2021
Arising Out of PS. Case No.-432 Year-2020 Thana- RAJAOLI District- Nawada
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Anil Kumar, Male, aged about 58 years, Son of Late Baleshwar Singh,
Resident of Village-Mahawatpur, PS- Sirdala, District- Nawadah, at Present
Incharge Head Master, Upgrade Middle School, Balia, PS- Rajauli, District-
Nawada.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Arun Kumar, Advocate
For the State : Mr. Anand Mohan Prasad Mehta, APP
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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL JUDGMENT
Date : 21-08-2021
The matter has been heard via video conferencing.
2. The case has been taken up out of turn on the basis of
motion slip filed by learned counsel for the petitioner on
09.08.2021, which was allowed.
3. Heard Mr. Arun Kumar, learned counsel for the
petitioner and Mr. Anand Mohan Prasad Mehta, learned
Additional Public Prosecutor (hereinafter referred to as the 'APP')
for the State.
4. The petitioner apprehends arrest in connection with
Rajauli PS Case No. 432 of 2020 dated 13.09.2020, instituted
under Sections 406 and 420/34 of the Indian Penal Code.
Patna High Court CR. MISC. No.6676 of 2021 dt.21-08-2021
5. The petitioner, who was In-charge Headmaster of the
Upgraded Middle School, Balia, Rajauli, along with others is of
involvement in irregularities under the Mid Day Meal Scheme.
The said FIR is the result of a video which became viral in the
school showing the son of one of the cooks of the school with two
bags of rice and the said person was also running a Kirana shop in
the same village.
6. Learned counsel for the petitioner submitted that he
was the In-charge Headmaster of the school and was not directly
involved in the affairs of distribution of Mid Day Scheme during
the COVID pandemic period as it was a team which was
constituted in terms of the order of the District Magistrate.
Learned counsel submitted that the distribution of foodgrains was
to be monitored by such Committee in which four teachers of the
school namely, Prahlad Kumar Choubey, Asish Kumar, Md. Rasid
Iqbal and Ajit Kumar (co-accused) had been made In-charge for
distribution of rice under the Mid Day Scheme with effect from
10.08.2020. It was submitted that the incident shown in the viral
clip is of 18.08.2020 i.e., after the constitution of the said
Committee. Learned counsel submitted that even in the viral the
voice is that of co-accused Ajit Kumar, who was member of the
said Committee and not the petitioner. It was submitted that in the
Patna High Court CR. MISC. No.6676 of 2021 dt.21-08-2021
matter, complicity of the cook has been ruled out as the
explanation, that she had asked her son to take the rice, which was
kept in the sun to ensure that it did not go bad, to the storage
room, has been accepted and that is why neither she nor her son
have been made accused in the present case. Thus, it was
submitted that once the main allegation of two bags containing
rice shown in the viral video being against the son of the cook, no
criminal liability can be fastened against the petitioner, at least in
the present matter. Learned counsel submitted that even with
regard to detection of excess rice, as the school was a COVID
quarantine centre for migrants who were coming from outside the
State, since foodgrains were being sent for their food which was
also in the premises of the school and even the services of the
cooks of the school were being utilized, whatever was unutilized
was also kept in the same store due to which more foodgrains
have been found upon verification. It was submitted that the
petitioner has never been involved in any other criminal case and
he is at the last stage of employment and for this allegation, he has
been placed under suspension and departmental proceeding has
also been initiated against him treating it as misconduct.
7. Learned APP submitted that the petitioner being the
In-charge Headmaster was responsible for such irregularities.
Patna High Court CR. MISC. No.6676 of 2021 dt.21-08-2021
8. Having considered the facts and circumstances of the
case and submissions of learned counsel for the parties, in view of
the petitioner having constituted a Committee of four teachers, as
per the guidelines of the District Magistrate, Nawadah with regard
to distribution of rice under the Mid Day Meal Scheme during the
pandemic period and the explanation of the cook with regard to
irregularity of two bags of rice being shown with her son, having
been accepted by the authorities and the petitioner having no past
criminal antecedent, the Court is inclined to allow the prayer for
pre-arrest bail.
9. Accordingly, in the event of arrest or surrender before
the Court below within six weeks from today, the petitioner be
released on bail upon furnishing bail bonds of Rs. 25,000/-
(twenty five thousand) with two sureties of the like amount each
to the satisfaction of the learned Chief Judicial Magistrate,
Nawadah in Rajauli PS Case No. 432 of 2020, subject to the
conditions laid down in Section 438(2) of the Code of Criminal
Procedure, 1973 and further, (i) that one of the bailors shall be a
close relative of the petitioner and (ii) that the petitioner shall co-
operate with the Court and police/prosecution. Failure to co-
operate shall lead to cancellation of his bail bonds.
Patna High Court CR. MISC. No.6676 of 2021 dt.21-08-2021
10. It shall also be open for the prosecution to bring any
violation of the foregoing conditions by the petitioner, to the
notice of the Court concerned, which shall take immediate action
on the same after giving opportunity of hearing to the petitioner.
11. The petition stands disposed of in the
aforementioned terms.
(Ahsanuddin Amanullah, J.)
P. Kumar
AFR/NAFR
U
T
