Patna High CourtCR. MISC./8917/2024bail granted

Ramashray Ram v. The State Of Bihar

2024-02-20Mr. Justice Purnendu Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8917 of 2024 Arising Out of PS. Case No.-10 Year-2019 Thana- CHANPATIA District- West Champaran ====================================================== RAMASHRAY RAM S/O LATE BHIKHARI HAZARA R/O VILLAGEALAMGANJ BAZAR, WARD NO.-6, P.S- MAJHAULIYA, DISTT.- WEST CHAMPARAN.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey, Advocate.

For the Opposite Party/s :

Mr.Parmeshwar Mehta, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 20-02-2024 Heard Mr. Bimlesh Kumar Pandey, learned counsel appearing on behalf of the petitioner and Mr. Parmeshwar Mehta, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Chanpatiya P.S. Case No. 10 of 2019 registered for the offence punishable under Sections 420 and 468/34 of the Indian Penal Code.

3. As per the allegation made in the F.I.R., petitioner and other co-accused persons illegally and fraudulently selected one Asha Devi as Anganwari Sevika who at the time of selection was below 18 years which was detected by the informant who is the C.D.P.O. on inquiry.

4. Mr. Bimlesh Kumar Pandey, learned counsel appearing on behalf of the petitioner submits that he has made specific statement in Para-6 of the bail application that the

Patna High Court CR. MISC. No.8917 of 2024(2) dt.20-02-2024 2/2 petitioner was only member of the selection committee which was headed by the Mukhiya of the Gram Panchayat and the matter relates to selection of Anganwari Sevika which has taken place in the year 2003. The petitioner was ignorant that he has been implicated in an F.I.R. lodged by the C.D.P.O. and soon after he got information of the said fact, he filed the bail application for grant of anticipatory bail. Learned counsel submits that other similarly situated co-accused including the Mukhiya have been granted anticipatory bail.

5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.

6. Having heard the rival submission made on behalf of the parties and the nature of allegation made in the F.I.R., the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Bettiah, West Champaran, in connection with Chanpatiya P.S. Case No. 10 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Purnendu Singh, J) mantreshwar/- U T