Awadh Naresh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32376 of 2016 Arising Out of PS.Case No. -18 Year- 2016 Thana -SURYAPURA District- SASARAM (ROHTAS) ====================================================== Awadh Naresh Singh, son of Late Amirchand Singh, resident of village Bensagar, P.O.- Bensagar, P.S.- Karakat, District- Rohtas .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nand Kumar, Advocate For the Opposite Party/s : Mr. Ram Bilash Roy Raman, 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 Secretary, is apprehending his arrest in connection with Surajpura P.S. Case No.18 of 2016 for allegedly having committed the offence under Sections 409, 420 and 201 of the Indian Penal Code.

Learned counsel for the petitioner submits that though the petitioner is presently the Panchayat Secretary of Agrerkala, Block-Balihar Surajpura, within the District of Rohtas, he was not in possession of any folder of the Teachers, who were employed as Primary Teachers and thus, there is no question of his handing over the folder to the Vigilance Department. It is further submitted that such folder was not handed down to him by his predecessor in office and, therefore, the petitioner has filed a written petition on 2.11.

Patna High Court Cr.Misc. No.32376 of 2016 (2) dt.05-10-2016 2/2 Education Officer, Rohtas that he has no record of employed Teachers of Gram Panchayat Agrerkala. It is submitted that under such circumstances, the petitioner may be extended the privilege of anticipatory bail as other similarly situated person, namely, Baban Prasad Upadhyay, has been granted such benefit by a Bench of this Court in Cr.Misc. No.28021 of 2016, vide order dated 02.09.2016.

Considering the nature of allegations made and the submissions advanced by the petitioner and also taking into consideration the peculiar circumstances, 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 the learned Chief Judicial Magistrate, Rohtas at Sasaram, in connection with Surajpura P.S. Case No.18 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J) PNM U T