Basudeo Yadav vs The State Of Bihar
2021 Latest Caselaw 472 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No. 30674 of 2020
      Arising Out of PS Case No.-164 Year-2019 Thana- KATORIYA District- Banka
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Basudeo Yadav, Gender- Male, aged about 63 years, Son of Santosi Yadav, Resident of Village-Tulha, PS-Belhar, District-Banka, Retired In-charge Principal, S.S.P., Yadav Intermediate College, Katoria, PS-Katoria, District- Banka.

... ... Petitioner/s Versus The State of Bihar

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

For the Petitioner/s : Mr. Yogesh Chandra Verma, Sr. Advocate with Mr. Javed Aslam, Advocate For the State : Mr. Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 29-01-2021

Heard Mr. Yogesh Chandra Verma, learned senior

counsel along with Mr. Javed Aslam, learned counsel for the

petitioner and Mr. Sanjay Kumar Pandey, learned Additional

Public Prosecutor (hereinafter referred to as the 'APP') for the

State.

2. The petitioner apprehends arrest in connection with

Katoria PS Case No. 164 of 2019 dated 01.09.2019, instituted

under Sections 406. 409, 467 and 468 of the Indian Penal Code.

3. The allegation against the petitioner is that he was the

previous Principal of SSP Yadav Intermediate College, Katoria in

the district of Banka and upon retirement had not handed over the Patna High Court CR. MISC. No.30674 of 2020 dt.29-01-2021

documents of the college and had also misappropriated Rs. 15

lakhs.

4. Learned counsel for the petitioner submitted that

besides the merits of the matter, he has deposited Rs. 15 lakhs as

also interest of Rs. 3 lakhs thereon through RTGS into the account

of the college which is admitted by the letter of the present

Principal of the college, copy of which is Annexure-2 to the

application. It was submitted that the petitioner now being retired,

the Court may grant indulgence, especially in view of him paying

not only the amount which is alleged but also Rs. 3 lakhs interest

thereof. It was further submitted that the petitioner has no criminal

antecedent.

5. Learned APP submitted that the petitioner had not

only kept with him the entire records but also misappropriated Rs.

15 lakhs.

6. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, 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, Banka in Katoria PS Case No. Patna High Court CR. MISC. No.30674 of 2020 dt.29-01-2021

164 of 2019, 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 cooperate in the case and be present before the

Court on each and every date. Failure to cooperate or being absent

on two consecutive dates, without sufficient cause, shall lead to

cancellation of his bail bonds.

7. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T