Baleshwar Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2777 of 2017 Arising Out of PS.Case No. -20 Year- 2016 Thana -GOH District- AURANGABAD ======================================================

1. Baleshwar Singh Singh Son of Late Bhuneswar Singh Resident of Village-Momindpur, P.S.-Khudwan, District Aurangabad

2. Subhas Singh Son of Chandardeo Singh Resident of Village-Khutahan, P.S.-Haspura, District Aurangabad .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Bachan Jee Ojha For the Opposite Party/s : Mr. Sri Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 09-02-2017 Heard learned counsel for the petitioners as well as learned counsel for the State.

In this application for anticipatory bail, the petitioners apprehend their arrest for the offence punishable under Sections 409, 188, 201, 120B of Indian Penal Code. Allegedly, the petitioners and other co-accused being Panchayat Secretaries of different Gram Panchayats falling within the jurisdiction of Goh Block did not submit folders and registers with regard to payment of Panchayat teachers. Submission is of false implication and that the petitioners have deposited the papers which they have been handed over at the time of taking charge. Whatever papers have been given to the petitioners by their predecessors, they have

Patna High Court Cr.Misc. No.2777 of 2017 (3) dt.09-02-2017 2/2 handed over the same and as such, no case is made out against the petitioners. Further, in this case similarly situated other co-acused have already been allowed pre-arrest bail by a coordinate Bench of this court vide order dated 10.11.2016 passed in Cr. Misc. no. 36356 of 2016 and as such, they also deserve sympathetic consideration.

The learned Additional Public Prosecutor fairly submits that other co-accused have been allowed pre-arrest bail. In the facts and circumstances stated above, petitioners, in case of their arrest or surrender before the Court below within four weeks from the date of receipt/ production of a copy of this order, shall be released on bail on furnishing bail bonds of Rs. 10,000/- (Rs. Ten thousand) each with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Daudnagar, Aurangabad in Goh P.S. case no. 20 of 2016 subject to the conditions as laid down in Section 438(2) of the Code of Criminal Procedure.

(Jitendra Mohan Sharma, J.) rinkee/- U T