Indrasan Ram v. The State Of Bihar

Patna High Court Cr.Misc. No.27396 of 2016 (2) dt.12-07-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27396 of 2016 Arising Out of PS.Case No. -89 Year- 2016 Thana -CHAINPUR District- BHABHUA (KAIMUR) ====================================================== Indrasan Ram Son of late Bipatu Ram Resident of Village- Darwan, PS Ramgarh District Kaimur , Bhabhua. At Present Panchayat Sachiv, Gram Panchayat Sirbit, PS Chainpur, District Kaimur Bhabhua. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Kumar Sunil, Advocate For the Opposite Party : Mr. Sri Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-07-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Chainpur P.S. Case No. 89 of 2016 for the offences instituted under Sections 175, 420, 409 and 120B and 210 of the Indian Penal Code.

The allegation, in brief, is that the informant was directed to produce all related documents relating to appointment of teachers as there was inquiry set up in view of the direction of the Hon'ble High Court but the petitioner being the custodian of these papers did not produce it.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. He has been made

Patna High Court Cr.Misc. No.27396 of 2016 (2) dt.12-07-2016 accused due to mistake of fact. Petitioner had joined the post of Panchayat Secretary on 05.04.2015. Vide Annexure-2 to the present application dated 29.03.2016, he wrote to the District Programme Officer, Establishment, Kaimur (Bhabua) stating that he has not received the documents in respect to the appointment of Panchayat teacher from his predecessors, hence he is not in a position to furnish the said documents. The appointment relates to 2003, 2005, 2008, 2012 and 2014.

On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Chainpur P.S. Case No. 89 of 2016 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Kaimur (Bhabua), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) B.Kr./- U T