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Ram Avtar Singh v. the State of Bihar

Patna HC19 Jun 2020CR. MISC./76417/2019

Case brief

AI extract

What is this about?

The Patna High Court granted pre-arrest bail to the petitioner, a school headmaster, in a criminal case involving allegations of cheating and criminal breach of trust against a public servant. Bail was released with a bond and conditions under CrPC Section 438(2).

What did the court decide?

Petitioner released on bail on furnishing bond of Rs. 10,000 with two sureties of like amount each under Section 438(2) Cr.P.C.

Ram Avtar Singh Vs the State of Bihar — Property and Title | Patna HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.76417 of 2019

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Arising Out of PS. Case No.-11 Year-2018 Thana- PARASI District- Jehanabad

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======================================================

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Ram Avtar Singh S/o Late Gariba Mahto R/o village- Kamta, P.S.- Parasi, District- Arwal, at present Head Master Khaderan Singh High School, Ram Lagan Bigha, P.S.- Parasi, District- Arwal

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... ... Petitioner

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Versus

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The State of Bihar

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Bindeshwar Prasad S/o Late Ramdeo Yadav R/o village- Dankabigha, P.S.Parasi, District- Arwal

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... ... Opposite Parties

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====================================================== Appearance : For the Petitioner/s : Mr. Ashok Kumar, Adv For the Opposite Party/s : Mr. Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER

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5 19-06-2020

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Heard learned counsel for the petitioner and learned counsel for the State via video conferencing.

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The petitioner has filed the present application for grant of pre-arrest bail in connection with Parasi P.S. Case No. 11 of 2018 registered for the offence punishable under Sections 420, 406, 409, 120B and 504 of the Indian Penal Code.

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It is submitted by the learned counsel for the petitioner that initially a complaint was filed by the complainant Bindeshwar Prasad, which was referred to the police in exercise of powers conferred under Section 156(3) of the Code of Criminal Procedure, pursuant to which, the first information report was registered and investigation was taken up. It is contended that the complaint has been filed with oblique motive

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Patna High Court CR. MISC. No.76417 of 2019(5) dt.19-06-2020 2/2

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without obtaining any sanction for prosecution of the petitioner, who is a public servant. A mischievous allegation of defalcation has been levelled in the complaint against the petitioner, a Principal of Khaderan Singh High School, Ram Lagan Bigha, P.S. Parasi, District-Arwal without there being any basis for that. It is further contended that the petitioner is a respectful person having roots in the society and is not likely to abscond or tamper with the evidence, if released on bail.

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Learned counsel for the State has opposed the application for grant of pre-arrest bail to the petitioner.

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Regard being had to the facts and circumstances of the case, the nature of allegation and the submissions advanced at the bar, the petitioner is directed to be released on bail in the event of his arrest or surrender before the court below, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. IVth, Arwal in connection with Parasi P.S. Case No. 11 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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(Ashwani Kumar Singh, J)

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rohit/- U T

Ram Avtar Singh v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Ram Avtar Singh v. the State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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