Pramod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24571 of 2019 Arising Out of PS. Case No.-112 Year-2018 Thana- SARMERA District- Nalanda ====================================================== Pramod Kumar, Son of Late Thakur Mahto Resident of Village/ MohallaKakhara, P.S.- Noor Sarai, District- Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar For the Opposite Party/s :

Mr. Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 16-11-2019 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 353, 420 and 379 of the IPC.

It is alleged by the informant, being the Block Development Officer, Sarmera that the petitioner, being the Office Clerk was re-employed and was working as a clerk in the Block office, but he went on casual leave between the period of 19.07.2018 to 26.07.2018, but thereafter neither he joined the office nor did he hand over the charge of registers of various

Patna High Court CR. MISC. No.24571 of 2019(10) dt.16-11-2019 2/3 schemes.

It is submitted by learned counsel for the petitioner that the petitioner was never entrusted with the charge of the alleged registers and the charge was given to the Najir of the said Block. Moreover, the accusation does not create any criminal liability against the petitioner. However, no departmental proceeding has been initiated against the petitioner. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP, after going through the case diary, submits that accusation against the petitioner is specific and he is named in the FIR.

Considering the nature of accusation and the fact that there is nothing on record to suggest that the petitioner was entrusted with the charge of the alleged registers, coupled with the statement made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent, let the above named petitioner be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned CJM, Nalanda at Bihar Sharif in

Patna High Court CR. MISC. No.24571 of 2019(10) dt.16-11-2019 3/3 connection with Sarmera P.S. Case No. 112 of 2018, subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Dinesh Kumar Singh, J) Amrendra/- U T