Dismissed

Birendra Ram and Anr. v. The State Of Bihar

Patna HC10 Jun 2013CR. MISC./18367/2013

Case brief

AI extract

What is this about?

This oral order dismissed the petition for interim bail. The court refused acceptance of the submission for bail without arrest, directing the petitioners to surrender in the Chief Judicial Magistrate’s court within four weeks to apply for regular bail. The offenses relate to alleged misappropriation of Mid-Day Meal Scheme rice.

What did the court decide?

Petitioners directed to surrender to Chief Judicial Magistrate within four weeks to apply for regular bail; interim bail denied.

Birendra Ram and Anr. Vs The State Of Bihar — Bail and Remand | Patna HC (2013)

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Patna High Court Cr.Misc. No.18367 of 2013 (2) dt.10-06-2013

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Miscellaneous No.18367 of 2013

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===================================================== 1. Birendra Ram S/O Late Sukhdeo Ram Headmaster of Primary School, Shivnagar, P.S- Triveniganj, Supaul.

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Birendra Sah S/O Rameshwar Sah Resident Of Village- Nepan Tola, Shivnagar, P.S- Triveniganj, Supaul. .... .... Petitioner/s Versus

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The State of Bihar

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.... .... Opposite Party/s

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====================================================== CORAM: HONOURABLE MR. JUSTICE V.N. SINHA ORAL ORDER

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2 10-06-2013

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Heard learned counsel for the petitioners, State and

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the informant.

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Petitioners are apprehending their arrest in connection with a case registered for the offence under Section 409 of the Penal Code, vide Triveniganj (Supaul) P.S. Case No. 125 of 2012 dated 28.09.2012 (Annexure-1).

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Petitioner no. 1 is the Headmaster and petitioner no. 2 is the husband of the member of the School Education Committee. Allegation against them is that they in collusion with one another co-villager is said to have misappropriated the rice meant for Mid Day Meal Scheme for the children attending the school. The aforesaid First Information Report has been lodged by the Block Development Officer, Triveniganj after he made spot inquiry and verified the food grain kept in the store of the school. It appears from the report submitted by the Block Development

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Patna High Court Cr.Misc. No.18367 of 2013 (2) dt.10-06-2013

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Officer that on the basis of the statement made during enquiry, he recovered one bag of rice from the matrimonial house of coaccused Mithun Singh and handed over the rice to Shobha Devi for safe custody.

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Counsel for the petitioners submitted that petitioners have been falsely implicated in this case. Apprehending false implication, petitioner no. 2 filed Informatory Petition before the Sub-Divisional Officer, Triveniganj which was forwarded to the officer-in-charge, Triveniganj on the date of filing of the petition itself, i.e., 23.01.2012. The present case has been filed on 28.09.2012 after filing of the Informatory Petition. It is further submitted that petitioner no. 2 at whose instance the said petition was filed be admitted to the privilege of bail in the even of arrest.

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I regret not to accept the aforesaid submission as petitioner no. 1 being Headmaster is directly in-charge of the school administration and petitioner no. 2 being the husband of the member of the District School Education Committee, may be assisting his wife in conducting the affairs of the School Education Committee in execution of midday meal scheme.

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Let the two petitioners surrender in the court of Chief Judicial Magistrate, Triveniganj in connection with Triveniganj P.S. Case No. 125 of 2012/ G.R. No. 1216 of 2012

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Patna High Court Cr.Misc. No.18367 of 2013 (2) dt.10-06-2013

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within a period of four weeks from the date of receipt/production of a copy of this order and apply for regular bail which should be considered in accordance with law without being prejudice by this

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order.

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(V.N. Sinha, J)

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Bhardwaj/-

Birendra Ram and Anr. v. The State Of Bihar

Case brief

What is this about?

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Birendra Ram and Anr. v. The State Of Bihar

Case brief

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What did the court decide?

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