Jharkhand HC grants anticipatory bail to lawyer in long-running school dispute case
Ranchi, June 25: The Jharkhand High Court has granted anticipatory bail to advocate Abhay Kumar Mishra, a Ranchi-based lawyer and school secretary,…
Ranchi, June 25: The Jharkhand High Court has granted anticipatory bail to advocate Abhay Kumar Mishra, a Ranchi-based lawyer and school secretary, in connection with a 2017 criminal case linked to an ongoing dispute over the management and finances of a private school. The case stems from a long-running legal battle between Mishra and advocate Mahesh Tewari, the informant in the case.
Justice Sanjay Kumar Dwivedi directed Mishra to surrender before the trial court within three weeks. If arrested or upon surrender, he will be released on bail on furnishing a bond of Rs 25,000 with two sureties, subject to conditions, including cooperation in the trial.
Dispute over school management
The FIR, registered in 2017, accuses Mishra of criminal breach of trust, cheating, forgery, theft and criminal conspiracy in connection with the affairs of the school. The allegations include irregularities in the construction of the school building, financial transactions, appointment of teachers and management of school funds.
Mishra claimed the FIR was the outcome of a prolonged dispute over the school’s management after he became its secretary in 2015. He argued that the allegations were politically motivated, that he had cooperated with the police investigation and that the chargesheet had already been filed. He also pointed out that he had secured anticipatory bail in another case involving similar allegations.
Appearing in person, advocate Mahesh Tewari opposed the bail plea, alleging large-scale financial irregularities, manipulation of school records, illegal payments in a construction project, tax violations and irregular appointment of Mishra’s wife as a trained teacher. He argued that summons had already been issued after cognisance was taken and that the anticipatory bail plea was not maintainable.
HC says chargesheet no bar to anticipatory bail
The High Court held that the filing of a chargesheet and issuance of summons do not automatically bar an anticipatory bail plea, particularly in a police case where the accused has cooperated with the investigation. It observed that the rival allegations involve disputed questions of fact that can be examined only during trial. Relying on Supreme Court precedents, the court held that anticipatory bail applications must be decided on their merits and not rejected merely because a chargesheet has been filed.
