Ram Nandan Mandal @ Ram Nandan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55296 of 2018 Arising Out of PS.Case No. -120 Year- 2016 Thana -SINGHIYA District- SAMASTIPUR ====================================================== Ram Nandan Mandal @ Ram Nandan Singh S/o Late Sukhdev Mandal, R/o Vill.- Katghara, P.S.- Hathori, District- Samastipur. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Sunil Kumar Thakur, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 06-10-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 406, 409, 420/34 of the Indian Penal Code registered in connection with Singhia P.S. Case No. 120 of 2016.

3. It is submitted that the petitioner has been falsely implicated and has been made the escape goat as he is the sole accused in the case. It is submitted that the petitioner joined as Panchayat Secretary on 04.07.2009 and remained there till 14.09.2012. He has filed a petition before the Block Development Officer, Singhia dated 28.09.2016 stating that his predecessor Panchayat Secretary, namely, Kaushal Kumar Singh had not handed over the charge pertaining to the Teachers Employment Record as

evident from the petition dated 25.10.2016 filed by the said Kaushal Kumar Singh before the Block Development Officer, Singhia that after his transfer in the year 2008, the key of the box in which the said documents were kept was snatched by the Mukhiya. Neither the said Kaushal Kumar Singh nor the then Mukhiya have been made accused in the case.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, 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 bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-V, Rosera, District- Samastipur in connection with Singhia P.S. Case No. 120 of 2016, subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the following 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) 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.

(iv) 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. (Vikash Jain, J) Md. Ibrarul/- U T