Dayanand Ram @ Dayanand Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6001 of 2019 Arising Out of PS. Case No.-55 Year-2018 Thana- KARAHGAR District- Rohtas ====================================================== DAYANAND RAM @ DAYANAND PRASAD Ram Murti Ram R/o villageGhusiakala, p.s- Bikramganj ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Siddharth Harsh For the Opposite Party/s :

Mr.Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-02-2019 Heard learned counsels for the parties.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 406 and 409 of the IPC.

The prosecution case as per the written report of BDOcum-Appellate Authority, Kargahar, under Right to Information Act submitted to the SHO, Kargahar Police Station is to the effect that the petitioner being the exPanchayat Secretary of Gram Panchayat, Semradih, failed to hand over the charge of documents for the period 2005 to

Patna High Court Cr.Misc. No.6001 of 2019(2) dt.04-02-2019 2/3 2010 regarding appointment of Panchayat Teacher in spite of specific direction to hand over the same to the present Panchayat Secretary, as a result, the required information under Right to Information Act could not be supplied. It is submitted by learned counsel for the petitioner that the petitioner was transferred in 2014 and he handed over the the charge of relevant documents to his successor but the informant, in order to save his own skin from providing information under the Right to Information Act, has maliciously lodged the present case.

Learned APP submits that there is specific accusation against the petitioner of not handing over the charge of document.

Considering the fact that for a cause of civil consequence, criminal case has been lodged, that too for providing information under the Right to Information Act, let the petitioner above named be released on anticipatory bail in the event of arrest or surrender within 12 weeks on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM, Sasaram in connection with Kargahar P.S. Case No.55 of 2018 subject to the conditions laid

Patna High Court Cr.Misc. No.6001 of 2019(2) dt.04-02-2019 3/3 down in Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) anil/- U