Ramesh Chandra Yadav And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.6985 of 2019 Arising Out of PS. Case No.-134 Year-2018 Thana- BHAWANIPUR District- Purnia ======================================================
1. Ramesh Chandra Yadav, aged about 56 years, Male, Son of- Faudi Pd Yadav Resident of village- Leela, P.S.- Bhawanipur, District-Purnea.
2. Bhola Sah @ Bhola Pd. Sah, aged about 53 years, Male, Son of- Late Sonekhe Lal Sah, Resident of village- Rangpura Milki, P.S.-Mirganj, DistrictPurnea. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ram Prawesh Kumar For the Opposite Party/s :
Mr.Ajay Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 07-02-2019 Heard learned counsels for the petitioners and the State.
The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 175, 176, 186, 187 and 353 of the IPC.
The prosecution case, as per the written report of Block Education Officer, Bhawanipur, dated 14.06.2018, submitted to the Station House Officer, Bhawanipur Police Station, is to the effect that the District Programme Officer, Purnea, vide letter no. 1466, dated 12.06.2018, directed the informant to lodged the FIR against the officers who have not provided the merit list and other required documents with regard to Panchayat Teachers,
Patna High Court Cr.Misc. No.6985 of 2019(2) dt.07-02-2019 2/3 appointed in the year 2003, and hence, since the petitioners, being, the Panchayat Secretary at Jawe and Sripur Mali and Barhari Panchayat, respectively, have failed to submit such documents, hence FIR has been registered against them. It is submitted by learned counsel for the petitioners that the petitioners did not receive the charge with regard to merit list and other documents with regard to Panchayat Teachers appointed in the year 2003, which also gets reflected from the charge report. Moreover, non-supply of any document does not constitute any criminal offence. A statement has been made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent.
Learned APP submits accusation against the petitioners is specific.
Considering the nature of accusation and delayed lodging of the FIR, coupled with the statement made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent, let the above named petitioners be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the
Patna High Court Cr.Misc. No.6985 of 2019(2) dt.07-02-2019 3/3 satisfaction of learned SDJM, Purnea in connection with Bhawanipur P.S. Case No. 134 of 2018, subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Dinesh Kumar Singh, J) Amrendra/- U T