Ayub Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3790 of 2017 Arising Out of PS.Case No. -144 Year- 2016 Thana -KARPI District- JEHANABAD ====================================================== Ayub Ansari, son of Md. Alimuddin Ansari, resident of Village-Badhar, P.S.-Kalpa (O.P.), Jehanabad, .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Vikramdeo Singh, Advocate For the Opposite Party/s : Mr. Aditya Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-02-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Karpi (S. Telpa) P.S.Case No. 144 of 2016 registered for the offences punishable under Sections 420, 467, 468, 471 and 472/34 of the Indian Penal Code.

It has been submitted on behalf of the petitioner that allegation against the petitioner is that he did not make available the documents relating to appointment of teachers during the period from 2006 to 2012 to the Vigilance Committee, Arwal, but as a matter of fact, the petitioner as Panchayat Secretary was transferred to Belawara Panchayat on 5.12.2012 and he took charge there on the same day and in paragraph-7 of the bail application it has been stated that the documents relating to

Patna High Court Cr.Misc. No.3790 of 2017 (2) dt.13-02-2017 2/3 appointment of teachers were never handed over to the petitioner as such, there is no question for production of such documents by the petitioner. It has further been submitted that the petitioner has remained in custody for two months and charge-sheet in this case has been submitted against the petitioner.

Heard learned APP also.

Having heard both sides and considering the fact that charge-sheet has been submitted against the petitioner in this case and the petitioner is a Government servant, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Arwal, in connection with Karpi (S. Telpa) P.S.Case No. 144 of 2016, subject to the conditions that :- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable properties within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to

Patna High Court Cr.Misc. No.3790 of 2017 (2) dt.13-02-2017 3/3 appear before the court below on two consecutive dates without showing any genuine reason, the prosecution is free to move the cancellation of his bail.

(Vinod Kumar Sinha, J) spal/- U