Brajendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15778 of 2019 Arising Out of PS. Case No.-582 Year-2018 Thana- MANER District- Patna ====================================================== BRAJENDRA KUMAR, Son of Late Jamuna Prasad Resident of VillageDighma, P.S-Masaurhi, Dist.-Patna at present posted as Secretary of Darveshpur South Panchayat, P.S-Maner, Dist.-Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhaskar Shankar For the Opposite Party/s :

Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 14-03-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 409 and 201 of the Indian Penal Code.

The prosecution case got initiated on the basis of written report dated 22.10.2018 submitted by Kavita Kumari, Block Education Officer, Maner to the Station House Officer, Maner Police Station is to the effect in pursuance to Memo No.3244, dated 04.05.2016 issued by the District Education Officer, the Block Development Officer was directed to provide the name of

Patna High Court CR. MISC. No.15778 of 2019(2) dt.14-03-2019 2/3 Panchayat Secretary who failed to provide the folder and merit list of Panchayat teachers and in pursuance to the same, the Block Development Officer, Maner vide Letter No. 939, dated 03.08.2016 provided the name of the petitioner who failed to comply the aforesaid order, leading to registration of present FIR against him.

It is submitted by learned counsel for the petitioner that at the relevant time, as the petitioner was not given charge of all the documents with respect to appointments of Panchayat teachers, hence, he failed to submit the same. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.

It is submitted by learned APP for the State that the accusation is specific against the petitioner. Considering the nature of accusation and statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st

Patna High Court CR. MISC. No.15778 of 2019(2) dt.14-03-2019 3/3 Class, Danapur, Patna in connection with Maner P.S. Case No.582 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) Ashwini/- U t