Om Prakash Nirala v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13451 of 2020 Arising Out of PS. Case No.-188 Year-2016 Thana- SIRDALA District- Nawada ====================================================== OM PRAKASH NIRALA Son of Maheshwari Singh Resident of Village - Chhatihar, P.S.- Hisua, District - Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sheo Kumar Prasad For the Opposite Party/s :

Mr.Ajay Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-12-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 409, 420, 201 of the Indian Penal Code.

Allegation is that Vigilance Investigation Bureau demanded folder application receipt, register, merit list counselling register, selection list etc. regarding employment of teachers but the panchayat Secretaries of panchayat have not made available the aforesaid documents. Hence the F.I.R. has

Patna High Court CR. MISC. No.13451 of 2020(4) dt.09-12-2020 2/3 been lodged against them.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner has failed to discharge duty and for the said purpose the present case was instituted against him. The petitioner was to hand over the paper, which was in his custody as per the panchayat Secretary. It is further submitted that the petitioner is ready to deposit an amount of Rs.50,000/- (Fifty Thousand) in the court below, which was subject to the final disposal of the case.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, the petitioner is directed to deposit an amount of Rs.50,000/- (Fifty Thousand) in the court below, which was subject to the final disposal of the case. On doing so, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.13451 of 2020(4) dt.09-12-2020 3/3 satisfaction of learned Chief Judicial Magistrate VIth, Nawada in connection with Sirdala P.S. case No.188 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T