Kishori Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17583 of 2019 Arising Out of PS. Case No.-10 Year-2019 Thana- MANPUR District- Nalanda ====================================================== Kishori Prasad, Aged about 55 years, Male, Son of Hardeo Singh ,Resident of Village/Mohalla - Fatehpur, P.S.- Asthawan, District- Nalanda ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Rajendra Prasad, Sr. Advocate Mr. Pramod Kumar, Mr. Ritesh Kumar, Advocates For the Opposite Party :
Mr. Ajay Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 27-03-2019 Heard learned senior counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest for the offences alleged under Sections 406 and 409 of the Indian Penal Code registered in connection with Manpur P.S. Case No. 10 of 2019.
3. It is submitted that the petitioner has been falsely implicated on the accusation that the petitioner, the then Panchayat Secretary, did not produce the relevant documents required to be done in connection with appointment of two persons in the Primary School, Sarvahadi. It is submitted that by letter no. 98 dated 09.02.2019 (Annexure-7), the informant-Block Education Officer, Biharsharif has written to the Investigating Officer that the relevant documents had not been handed over by the erstwhile Panchayat Secretary Sri Devendra Prasad, who is the successor of Shri Shrawan Kumar, who happened to be the predecessor of the petitioner. It is therefore, submitted that the question of production of the documents by the petitioner would not arise.
4. Learned APP invites reference to the order of the learned Additional Sessions Judge-III, Nalanda dated 18.02.2019 passed in ABP No. 309 of 2019 containing the observations to the
Patna High Court CR. MISC. No.17583 of 2019(2) dt.27-03-2019 2/2 contrary in the case diary.
5. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on provisional anticipatory bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda at Bihar Sharif in connection with Manpur P.S. Case No. 10 of 2019, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. and with further conditions -- (i) That one of the bailors shall be a close relative of the petitioner.
(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.
(iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (iv) That the petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.
6. The provisional bail granted to the petitioner shall be confirmed upon verification with regard to genuineness of letter no. 98 dated 09.02.2019 (Annexure-7) written by the informant to the Investigating Officer. In case the said letter is not found verifiable, his bail bond shall stand automatically cancelled. BT/Chandran (Vikash Jain, J) U T