Surendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8741 of 2016 Arising Out of PS.Case No. -264 Year- 2015 Thana -MAKHDUMPUR District- JEHANABAD ======================================================

1. Surendra Singh Son of Sri Bulak Yadav Resident of Village- owa, P.s Makhdumpur Distt Jehanabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satyendra Prasad Singh, Advocate For the Opposite Party/s : Mr. Arvind Kr.Panday(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 24-02-2016 Heard learned counsel for the petitioner and the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 188, 406 of the Indian Penal Code.

The prosecution case is that the Block Development Officer, Makhdumpur submitted a written report to S.H.O., Makhdumpur alleging therein that the petitioner being the then Panchayat Mukhiya did not handover the charge of the relevant registers with regard to appointment of Shiksha Mitra to the Secretary of the Panchayat for the year 2003 and 2005.

It is submitted by the learned counsel for the petitioner that petitioner handed over the charge to his successor after being defeated in 2010 Panchayat Election but

Patna High Court Cr.Misc. No.8741 of 2016 (2) dt.24-02-2016 maliciously after more than five years of defeat of the petitioner accusation has been levelled with regard to the years 2003 and 2005. The documents with regard to appointment of Shiksha Mitra was in custody of Panchayat Sevak. Moreover for the missing register no notice or information was given to the petitioner.

Considering the delayed nature of accusation and coupled with the statement made in para-3 of the petition that petitioner has no criminal antecedent, 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 twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jehababad in connection with Makhdumpur P.S. Case No. 264 of 2015, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Dinesh Kumar Singh, J) P.K./- U T