Patna High CourtCR. MISC./14597/2017bail granted

Naresh Das And ANR v. The State Of Bihar

2017-04-07Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14597 of 2017 Arising Out of PS.Case No. -24 Year- 2016 Thana -CHAUTHAM District- KHAGARIA ======================================================

1. Naresh Das, Son of Late Jageshwar Das, Resident of Village Fatehpur, Gogri Jamalpur, Police Station Gogri, District Khagaria at present posted as Panchayat Secretary, Gram Panchayat Pipra and Rohiyar, Police Station Choutham, District Khagaria

2. Parmanand Singh, Son of Rajpati Singh, Resident of Village Haripur, Police Station Gogri, District Khagaria at present posted as Panchayat Secretary Gram Panchayat Thuthi Mohanpur, Police Station Choutham, District Khagaria .... Petitioners

Versus

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

For the Petitioners : Mr. Viveka Nandsingh, Adv. For the Opposite Party : Mr. Anil Kumar, APP 78 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 07-04-2017 Heard the learned counsel for the petitioners and the State.

This is a petition for grant of anticipatory bail for offence under Sections 420, 467, 468, 471, 353/34, 201 and 180 of the Indian Penal Code.

The petitioners are Government servant and were posted as Panchayat Sachiv at the time of occurrence. Allegation is that they did not produce the service record of the teachers, appointed on contract, to the superior authorities.

Submission of the petitioners is that it may be case of insubordination raising liability for disciplinary proceeding. However, no criminal offence is made out against the petitioners.

Considering the aforesaid fact, the petitioners,

Patna High Court Cr.Misc. No.14597 of 2017 (2) dt.07-04-2017 2/2 above named, in the event of their arrest or surrender, within four weeks from the date of receipt of this order, be released on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each in connection with Chauham P.S. Case No. 24 of 2016 to the satisfaction of the Additional Chief Judicial Magistrate, II, Khagaria, or successor Court, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code.

(Birendra Kumar, J) SA/- U √ T √