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Patna High CourtCR. MISC./10082/2020allowed

Ambika Prasad Singh @ Ambika Prasad Sinha v. The State Of Bihar

2020-03-02Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 10082 of 2020 Arising Out of PS. Case No.-60 Year-2019 Thana- ATRI District- Gaya ====================================================== AMBIKA PRASAD SINGH @ AMBIKA PRASAD SINHA Son of Late Brahmdeo Singh Resident of Village - Piyar, P.S. - Atri, District - Gaya at Present residing at - Gautam Nagar, Chandauti, P.S. - Chandauti, District - Gaya.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Subhash Kumar Jha For the Opposite Party/s :

Mr. Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-03-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 409 of the Indian Penal Code.

The prosecution case, in nut shell, is that on the basis of letter no.45 dated 14.02.2019 of Geeta Kumari, Block Education Officer, Atri (Gaya), this case was registered under Section 409 IPC against the petitioner and others, on the alleged ground of non-submission of merit list and appointment list of the Panchayat Teachers of the year 2003 to 2005. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place.

Patna High Court CR. MISC. No.10082 of 2020(2) dt.02-03-2020 2/2 He has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. After twelve years of petitioner's transfer from Atri block and about 31⁄2 years of his superannuation, this case has been lodged against the petitioner just to shift the burden from them. He has no criminal antecedent. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.- X, Gaya in connection with Atri P.S. Case No. 60 of 2019 (GR No.815/19), subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) Trivedi/- U T