Ram Nath Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16298 of 2017 Arising Out of PS.Case No. -222 Year- 2016 Thana -PIRPAINTI District- BHAGALPUR ====================================================== Ram Nath Yadav, Son of Late Raja Ram Yadav, Resident of VillageKahalgaon Tola, P.S.- Pirpainti, District- Bhagalpur. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Tarun Prasad Mandal, Advocate.

For the Opposite Party : Mr. Shailendra Kumar -1, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 01-05-2017 Heard both sides.

The petitioner apprehends his arrest in Pirpainti P.S. Case No. 222 of 2016, registered for the offences punishable under Sections 406, 409, 420 and 34 of the Indian Penal Code. The Programme Officer, Pirpainti alleged that he received complaint from different persons that Panchayat Rozgar Sewak and the Mukhiya prepared fake job cards in the name of different persons and opened accounts in the post office and they withdrew the amount in the name of the complainant and others. Learned counsel for the petitioner submits that the petitioner was the postmaster of the post office but, no enquiry was held with regard to involvement of the petitioner. Only suspicion is raised. It is further submitted that Panchayat Rozgar Sewak and the Mukhiya, who are directly involved in

Patna High Court Cr.Misc. No.16298 of 2017 (2) dt.01-05-2017 2/2 manufacturing forged job cards and withdrawal of money in the name of different persons, have already been granted anticipatory bail vide order dated 27.02.2017 passed in Cr. Misc. No. 7571 of 2017 and order dated 08.03.2017 passed in Cr. Misc. No. 8683 of 2017 by different Benches of this Court. The enquiry report, itself, shows that only suspicion is raised against the petitioner.

Considering the facts aforesaid and the fact that only suspicion is raised against the petitioner and the persons such as Panchayat Rozgar Sewak and the Mukhiya who are responsible for manufacturing fake job cards have already been enlarged on anticipatory bail, the petitioner above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate XIth, Bhagalpur in Pirpainti P.S. Case No. 222 of 2016, Subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J.) KKSINHA/- U T