IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1151 of 2010 RAVI NANDAN DUBEY @ KUMAR RAVI NANDAN DUBEY, S/o. Babban Dubey, r/o. Mohalla- Sonar Toli behind the Mandir, P.S. Sasaram Town and District- Rohtas. Versus THE STATE OF BIHAR ----------- 02. 09.03.2010 The petitioner apprehends his arrest in Sasaram (Model) P.S. Case No.145 of 2009, under Sections 406 & 420 of the I.P.C. Heard. The informant Shashi Prakash Narayan claiming himself the president of Bihar Yuva Lok Kalyan Sansthan stated in the F.I.R. that the petitioner is the secretary of the Sansthan and there are also other members and that different amount of money was collected from the students for imparting computer course education to them but no such education was given for the last two months and a sum of Rs.4,00,000/- have been misappropriated. Learned counsel for the petitioner submits that in fact the petitioner is not the Secretary of the Sansthan nor he remained there as an office bearer in any capacity and that he was simply teaching the students on payment. Further submission is that no 2 money was collected by the petitioner himself. If any money is said to have been collected it was collected by the president and other office bearers. Learned counsel also submits that the I.O. has not recorded the statement of any students regarding collection of money from him and that any books or register was not produced before the I.O. Learned counsel refers to followings from the impugned bail rejection order of learned Sessions Judge:- “Certainly there is no statement of any student recorded by the I.O. nor any register has been shown nor any register has been placed before the I.O. by the informant which makes the case doubtful in nature and there may be dispute between the informant and the petitioner as submitted by the learned counsel for the petitioner.” Mr. Ram Priye Sharan Singh, the learned Addl. P.P. does not point out any other material against the petitioner. 3 In the facts and circumstances, I find it a fit case for anticipatory bail. Accordingly, the anticipatory bail prayer of the petitioner is allowed. Petitioner Ravi Nandan Dubey @ Kumar Ravi Nandan Dubey is directed to surrender before the Court-below within two weeks from today, on his surrender he will be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the C.J.M., Rohtas in Sasaram Model Town P.S. Case No.145 of 2009. Mkr. (C.M. Prasad, J.)