Anup Lal Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24622 of 2020 Arising Out of PS. Case No.-531 Year-2018 Thana- JAGDISHPUR District- Bhagalpur ====================================================== Anup Lal Mandal S/o Late Negru Prasad Mandal Resident of Village-Ustu, P.O.-Chakdariya, P.S.-Goradih, District-Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjeet Kumar For the Opposite Party/s :

Mr.Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

07-10-2020 Heard learned counsel for the petitioner and learned A.P.P. for the State through video conferencing. The petitioner apprehends his arrest in Jagdishpur P.S. Case No. 531 of 2018 registered for the offence under Sections 409, 420, 467, 468, 471, 188, 201, 120(B) of the Indian Penal Code.

As per the prosecution case, it is alleged that in spite of repeated demand of documents relating to appointment of teachers in between 2006 to 2012, this petitioner, in the capacity of Panchayat Secretary of the Baijani Panchayat, did not provide the same to the Vigilance Department. It is submitted on behalf of petitioner that petitioner has joined, as Panchayat Secretary, in the year 2015 and the predecessors Panchayat Secretary did not hand over the alleged

Patna High Court CR. MISC. No.24622 of 2020(2) dt.07-10-2020 2/2 documents to him and only due to unavailability of said documents/folder, the petitioner could not provide the same to the Vigilance Department. It is further submitted that there is no documents to show that petitioner was handed over those documents by his predecessors. It is further submitted that altogether six Panchayat Secretaries have been named in the F.I.R. and one of the similarly situated person namely Suresh Das has already been granted anticipatory bail by this Court, vide order dated 04-07-2019 passed in Cr.Misc. No. 41348 of 2019 (Annexure - 2 to the petition).

Considering the aforesaid facts and circumstances, the bail application of petitioner is allowed. In the event of his arrest or surrender within a period of eight weeks from the date of receipt/production of copy of this order, let the above-named petitioner be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur in connection with Jagdishpur P.S. Case No. 531 of 2018, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Prabhat Kumar Singh, J.) anay U T