Harihar Mahto @ Hariher Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8674 of 2020 Arising Out of PS. Case No.-275 Year-2019 Thana- TEGHRHA District- Begusarai ====================================================== HARIHAR MAHTO @ HARIHER MAHTO Son of Ramswarup Mahto Resident of Mohalla-Ward No.16, Kamalpur near Madhaya Vidalaya, Kamalpur Parmanandpur, P.S.-Ballia, District-Begusarai. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Binod Kumar For the Opposite Party/s :

Mr.Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 29-02-2020 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Teghra PS case no. 275 of 2019 registered for the offences punishable under Section 409/34 of Indian Penal Code.

The allegation is regarding the accused persons not producing the files/ documents pertaining to appointment resulting in embezzlement of Government documents by the accused persons including the petitioner herein. The learned counsel for the petitioner has submitted that the petitioner had taken charge as Secretary of the concerned Panchayat in the year 2009 whereas appointment pertains to the year 2008 when co-accused person namely Chandrabhushan Singh was Incharge- Secretary of the said

Patna High Court CR. MISC. No.8674 of 2020(2) dt.29-02-2020 2/2 Panchayat and he is the person who did not hand over the relevant files/ documents to the petitioner when the petitioner had taken charge, hence the petitioner has got no complicity in the matter. The petitioner is said to be having a clean antecedent, is not likely to temper with the evidence and he undertakes to join investigation and the ensuing trial, if any. Having regard to the facts and circumstances of the case and considering submissions made by the learned counsel for the petitioner, I deem it fit and appropriate to admit the petitioner to the privilege of anticipatory bail.

Accordingly, the abovenamed petitioner, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of this order, is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Teghra PS case no. 275 of 2019 subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure.