Ekadashi Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.14542 of 2016 Arising Out of PS.Case No. -123 Year- 2016 Thana -BHABHUA District- BHABHUA (KAIMUR) ======================================================
1. Ekadashi Ram son of Late Shree Gajadhar Ram, resident of VillageKaithiyan, P.S.- Kudra, District- Kaimur at Bhabua, at present posted as Panchayat Secretary, Mahuat, Mahuarai and Sikathi Panchayat, all under the District ao Kaimur at Bhabua.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anjani Kumar Sinha No-1 For the Opposite Party/s : Mr. Abhay Kumar Roy(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 22-04-2016 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Bhabua Police Station Case No. 123 of 2016, disclosing offences under Sections 166, 175, 176, 420, 406/34 of the Indian Penal Code.
It is asserted on behalf of the petitioner that he assumed the charge of Panchayat Secretary of Mahuat, Mahuarai and Sikathi Gram Panchayats in Bhabhua district on 02.08.2014. Pursuant to an order of this Court, verification of certificates and documents relating to the appointment to the posts of Panchayat Teachers were
Patna High Court Cr.Misc. No.14542 of 2016 (2) dt.22-04-2016 2/3 required to be made available. It is alleged in the First Information Report that the accused persons did not furnish the required documents.
It is submitted on behalf of the petitioner that the appointments relate to the date prior to the date when he took over the charge of the Panchayat Secretary of the said Gram Panchayats and despite requests having been made by him, his predecessors have not given him the full charge by handing over necessary documents. Learned Counsel has further submitted that since the petitioner is a public servant, there is no likelihood of his fleeing from the course of investigation or trial.
Considering the submission, as above, this application is allowed.
Let the petitioner, Ekadashi Ram, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhabhua, in connection with Bhabua Police Station Case No. 123 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
This is subject to the condition that the
Patna High Court Cr.Misc. No.14542 of 2016 (2) dt.22-04-2016 3/3 petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.
(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √