JAIRAM TIWARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an application for cancellation of anticipatory bail granted to opposite party 2, Dr. Bishwanath Prasad, the Vice-Chancellor, Ranchi University, Ranchi, on 29-8-1985 in connection with a case registered under S.420 read with S.120B, Indian Penal Code (in short, the Penal Code).

(2.) The petitioner was the informant who had lodged a first information report against Dr. Bishwanath Prasad, the Vice-Chancellor, Ranchi University, Ranchi and others, on the basis of which, Ranchi (Kotwali P.S.) Case No. 296 of 1985 was instituted under S.420 read with S.120B, Penal Code, and S.4, Bihar Non-Government Teachers Training College Act, 1981. Serious offences of conspiracy, cheating and defalcation of huge amount of public money was alleged. Charge-sheet was submitted by the police on 22-8-1985 in the Court of the Chief Judicial Magistrate, Ranchi. Cognizance was taken by the Chief Judicial Magistrate, Ranchi, on 3-9-1985 and the case was transferred to the Court of Sri J.N. Singh, Judicial Magistrate, Ranchi, for further trial. In the charge-sheet, twenty five witnesses are mentioned and out of them, the petitioner being the informant, Sri Misiri Oraon, Registrar, Ranchi University and Sri Harihar Prasad, Estate Officer, Ranchi University are the material witnesses.

(3.) On 29-8-1985, opposite party 2, Dr. Bishwanath Prasad, the Vice-Chancellor, Ranchi University, obtained anticipatory bail from this Court and on 31-8-1985 he suspended the petitioner-informant who ceased to function as lecturer and perform his duties as an elected member of the Syndicate of the said University. The day on which the Vice-Chancellor obtained anticipatory bail on 29-8-1985, he issued a show cause notice to the Registrar under his own signature (Annexure-3) which reads as follows :-