Bhagwati Prasad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5032 of 2017 Arising Out of PS.Case No. -108 Year- 2016 Thana -OBRA District- AURANGABAD ====================================================== Bhagwati Prasad Singh, Son of Late Rajeshwar Singh Resident of Villageand Pandu, P.S.-Tandwa, District-Aurangabad, Bihar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nitu Kumari, Advocate Mr. Ugendra Kumar Singh, Advocate For the Opposite Party/s : Dr. Rabindra Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 15-02-2017 Heard learned counsel for the petitioner and the State. The petitioner seeks anticipatory bail in a case instituted for the offence under Sections 409 and 420 of the Indian Penal Code.

It is alleged in the written report that the petitioner did not provide the relevant certificate and paper on the basis of which merit list was prepared for appointment of teacher which was asked by him to hand over in pursuance of High Court's order. The petitioner has submitted that those documents have already been submitted by him on 12.10.2012 in response to the letter No.1049 dated 12.9.2008 of Block Development Officer, Obera and the same was received by Office Clerk namely Nakaldeo Prasad. The petitioner has filed the aforesaid documents annexed

Patna High Court Cr.Misc. No.5032 of 2017 (2) dt.15-02-2017 2/2 as Annexure-2 series. It has further been submitted that the petitioner has been transferred at Aurangabad vide order dated 29.6.2013 by Memo No. 52 issued by D.P.O. Aurangabad. He has not done any subordination or disobeyed the aforesaid order. Considering the facts and circumstances of the case, let the petitioner above named in the event of surrender within six weeks from the date of receipt of this order, in connection with Obra P.S. Case No. 108 of 2016, shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Aurangabad, subject to the conditions as laid down under Section 438 (2) Cr. P.C. (Sanjay Priya, J) S.Ali/- U T