Agandh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32388 of 2016 Arising Out of PS.Case No. -15 Year- 2016 Thana -SHYAMPUR BHATHA District- SHEOHAR ====================================================== Agandh Kumar Singh, son of Late Jailal Singh, Resident of Village - Bhaluahin, P.S. and District - Sheohar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Anisur Rahman, Advocate For the Opposite Party/s : Mr. Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 05-10-2016 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner, being the Panchayat Sachiv of Maksoodpur Karariya Gram Panchayat, Block- Dumri Katsari, in the District of Sheohar, is apprehending his arrest in connection with Shyampur Bhatahan P.S. Case No.15 of 2016 registered for the offence under Sections 420, 201 and 188 of the Indian Penal Code.

Learned counsel for the petitioner submits that a direction had been issued by the Vigilance to hand over the folders of Primary Teachers, who were engaged by his predecessor in office in pursuance of a direction by this Court. Learned counsel for the petitioner submits that the petitioner

Patna High Court Cr.Misc. No.32388 of 2016 (2) dt.05-10-2016 2/3 could not submit the same as the folder was never handed down to him. In support of his assertion, the petitioner has filed Annexures 3 and 4 in which he has submitted the list of documents, which formed part of his taking over charge from the previous Panchayat Secretary, namely, Ram Deo Rai. As such, the petitioner had also written to the Block Development Officer, vide his petition dated 12.6.2015, that he was unable to file any folder to be sent to the Vigilance for the reasons aforementioned.

Considering the nature of allegations made and that under similar circumstances, two other similarly situated Panchayat Secretaries have been extended the privilege of anticipatory bail by this High Court in Cr.Misc. No.25465 of 2016, vide order dated 23.06.2016, and also in Cr.Misc. No.29995 of 2016, vide order dated 06.09.2016, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bond of `10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri Sushil Prasad, I/C J.M. 1st Class, Sheohar, in connection with Shyampur Bhatahan P.S. Case No.15 of 2016, subject to the

Patna High Court Cr.Misc. No.32388 of 2016 (2) dt.05-10-2016 3/3 conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J) PNM U T