Single-judge order rejecting the plea for anticipatory bail in a case involving alleged financial default and fabrication of fee receipts. The court held it was not a fit case for bail.
Prayer for grant of anticipatory bail is rejected.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.47995 of 2016
Arising Out of PS.Case No. -829 Year- 2016 Thana -SASARAM NAGAR District- SASARAM (ROHTAS)
====================================================== 1. Santosh Kumar Dubey @ Santosh Dubey Son of Jagarnath Dubey Resident of village- Alampur, P.S.- Baddi, District- Rohtas.
.... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ashok Kumar Pandey For the Opposite Party/s : Mr. Sri Nityanand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER
2 13-12-2016 Heard learned counsel for the petitioner, informant, and the State.
Prayer in this application is for grant of anticipatory bail in connection with Sasaram (Model) P.S. case no. 829 of 2016 registered under Sections 408, 419, 420 and 468 of the IPC.
The petitioner, while functioning as Cashier in the school managed by the informant, is said to have defaulted a sum of Rs. one lacs and odd on the strength of fake school fee receipts. Contention of the petitioner is that full salary was not being given to the petitioner by the informant and when demanded the same, the present case has been lodged.
Counsel(s) for the informant as well as the State, on
Patna High Court Cr.Misc. No.47995 of 2016 (2) dt.13-12-2016
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the other hand, pointed out from impugned order that fake school fee receipts signed by the petitioner and not entered in the fee register is the basis to lodge the case. In course of investigation, the receipts and the statement of the guardians of the students have also been recorded supporting the prosecution case. In my view, it is not a fit case for grant of anticipatory bail. Prayer is, accordingly, rejected.
(Kishore Kumar Mandal, J)
Shyam/-
U T
2 issues framed by the court
Whether the petitioner is entitled to anticipatory bail in connection with the criminal case?
Whether the allegations of default and fake receipts constitute a fit case for anticipatory bail?
Santosh Kumar Dubey
The State of Bihar
Kishore Kumar Mandal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
