Jagdish Chaudhur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6008 of 2020 Arising Out of PS. Case No.-118 Year-2016 Thana- PAKRIDAYAL District- East Champaran ====================================================== JAGDISH CHAUDHUR Son of Late Bijali Chaudhur Resident of VillageSherpur, P.S.-Chakia, District-East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar No.III For the Opposite Party/s :

Mr.Ajay Mishra,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 28-02-2020 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 420, 406 and 409 IPC registered in connection with GR Case No. 4245 of 2016, arising out of Pakridayal P.S. Case No. 118/2016.

3. It is submitted that the petitioner has been falsely implicated on the allegation that he did not deliver the folders relating to teachers' appointment to his successor. The FIR has been instituted by the informant on the complaint of the Panchayat Secretary. It is submitted however that the petitioner had already retired as Panchayat Secretary in the year 2012 and the FIR has been instituted after four years in the year 2016. No complaint of this nature was made by the successor Panchayat Secretary at the time when the petitioner handed over full charge in the year 2012. The petitioner claims clean antecedents.

4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned

Patna High Court CR. MISC. No.6008 of 2020(2) dt.28-02-2020 2/2 ACJM V, East Champaran, Motihari, in connection with GR Case No. 4245 of 2016, arising out of Pakridayal P.S. Case No. 118/2016., subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further conditions:

i. That one of the bailors shall be a close relative of the petitioner. ii. That the petitioner shall not indulge in any similar offence till conclusion of the trial.

iii. That the petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

iv. The petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. Chandran/- (Vikash Jain, J) U T