Raj Ballabh Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7236 of 2017 Arising Out of PS.Case No. -120 Year- 2016 Thana -KURTHA District- JEHANABAD ====================================================== Raj Ballabh Sharma (Panchayat Secretary) S/o Late Sakal Singh R/oBandhubanj, P.S.- Ghoshi, District- Jehanabad. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shubhesh Pandey, Advocate For the Opposite Party/s : Mr. Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-02-2017 This is an application for grant of anticipatory bail for offences punishable under Sections of the Indian Penal Code. Heard learned counsel for the petitioner.

It has been submitted on behalf of the petitioner that allegation against the petitioner is that by order of this Court petitioner was directed to submit the documents relating to appointment of teachers but he could not submit. It is further submitted that petitioner has joined the post in the year 2012 and at that time the documents have not been handed over to him and as such, he could not hand over the same. Later on, he has collected some of the documents and submitted the same. It is also submitted that co-accused persons have already been granted bail vide Annexure 3 series to this petition. Heard learned A.P.P. also.

Having heard both sides, in view of the fact that petitioner has not submitted the documents and further, co-accused persons have already been granted anticipatory bail, let above named petitioner, in the event of arrest or surrender within a

Patna High Court Cr.Misc. No.7236 of 2017 (2) dt.22-02-2017 2/2 period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty-five thousand only) with two sureties of the like amount each to the satisfaction of learned C.J.M., Arwal (Jehanabad) in connection with Kurtha P.S. Case no. 120 of 2016 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. There are other conditions also that

(1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the investigation and make himself available before the police as and when required (3) petitioner shall submit all the documents relating to appointment.

However, it is made clear that if petitioner fails to submit all the documents relating to appointment of teachers, prosecution is at liberty to move for cancellation of bail of the petitioner.

(Vinod Kumar Sinha, J) sudip/- U T