IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.26965 of 2010
MD.AJAZ KHAN, S/O ANAMUL HAQUE KHAN, R/O
VILLAGE- BANTARA, P.S. HASPURA, DISTRICT-
AURANGABAD (BIHAR).
--PETITIONER
Versus
THE STATE OF BIHAR --OPP.PARTY
With
Cr.Misc. No.30781 of 2010
FAHIMUDDIN AHMAD, S/O S.S. FASIMUDDIN,
ASSISTANT TEACHER MADARSA KHANKHAH, R/O
MOHALLA- KABIRGANJ, SASARAM, P.S. SASARAM
(TOWN), DISTRICT-ROHTAS.
--PETITIONER
Versus
THE STATE OF BIHAR --OPP.PARTY
3 28.09.2010
Since both these applications arise out of one
case, with the consent it is being disposed of by one common
order.
Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
Petitioners are named accused in this case
carrying allegation of committing defalcation of a sum of
Rs.2,58, 600/- provided for distribution of bicycle to the girl
students of the School wherein they are serving as teachers.
During the course of argument, the petitioners undertake to
2
deposit the amount subject to final decision of the case.
Considering the facts and circumstances, the
petitioners, in the event of each of them depositing
Rs.1,30,000/- (Rupees one lac thirty thousand) within six
weeks from today and in the event of their surrender or arrest
within the same period, are directed to be enlarged on bail
on each of them furnishing bonds of Rs.10,000/- (Rupees ten
thousand) with two sureties of the like amount each to the
satisfaction of the Chief Judicial Magistrate, Rohtas, in
Sasaram (Town) P.S. Case no. 505 of 2010, subject to the
conditions laid down in Section 438(2) of the Code of
Criminal Procedure with additional condition that the
petitioners shall remain present before the court below till
disposal of the case. If the petitioners fail to remain present
on two consecutive dates without any reasonable explanation
the privilege granted shall be deemed to be cancelled.
(Akhilesh Chandra, J.)
AAhmad