Ajay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47726 of 2017 Arising Out of PS. Case No.-74 Year-2017 Thana- WAINA District- Nalanda ====================================================== Ajay Kumar, Son of Late Ram Pyare Prasad, Rajaswa Karamchari, Ben, Police Station- Ben, District- Nalanda, Permanent Resident of Mohalla- Patel Nagar Bhaisasur Ward No. 25, Police Station- Laheri, District- Nalanda. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Tej Narayan Singh, Adv.

For the Opposite Party/s :

Mr. J.N. Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 17-10-2017 Heard learned Counsel appearing on behalf of the petitioner and learned APP for the State.

The petitioner being the revenue Karmchari is apprehending his arrest in a case registered for the offences punishable under Sections 420/379 of the Indian Penal Code. It is alleged that the Circle Officer, Ben, during inquiry found page no. 49 'K' of Register-II of Mauza-Arawan torn. The petitioner being the Revenue Karmchari was in-charge of the Register-II, but he did not inform the Circle Officer and hence after enquiry the DCLR, Rajgir, directed for lodging of the FIR against the petitioner.

It is submitted by learned Counsel appearing on behalf of the petitioner that this is not the case of the

Patna High Court Cr.Misc. No.47726 of 2017(2) dt.17-10-2017 2/2 prosecution that the page was torn by the petitioner. This is also not certain when the alleged page was torn. Moreover, the facts constituting the accusation could have invited a proceeding under the service law.

Learned APP appearing on behalf of the State submits that petitioner is accused in three other cases. In response thereto the petitioner submits that in all the cases he is on bail. Considering the nature of accusation, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Nalanda, Biharsharif, in connection with Ben P.S. Case No.74 of 2017, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Ashwini/- U T