Uma Shankar Ravidas @ Uma Shankar Prasad v. The State Of Bihar

Patna High Court Cr.Misc. No.13306 of 2018 (3) dt.16-04-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13306 of 2018 Arising Out of PS.Case No. -89 Year- 2016 Thana -BYPASS District- PATNA ====================================================== Uma Shankar Ravidas @ Uma Shankar Prasad, S/o Late Bashu Ravisas, R/o Village- Mahmadpur, P.S.- Fatuha, District- Patna, At present Posted as Panchayat Sachiv, Marachi Patna. P.S.- Gauri Chak, District- Patna. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Bindeshwar Prasad Singh, Advocate For the Opposite Party/s : Smt M.K. Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 16-04-2018 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Bypass P.S. Case No.89 of 2016, registered for the offence punishable under Section 409 of the Indian Penal Code.

Allegation has been made that a letter dated 29.07.2016 was written by Indu Kumari, Block Education Officer, informing all the Panchayat Sachivs who have not submitted the provisional merit list and final merit list of Panchayat Teachers for verification of the certificate by the Vigilance Department, will face criminal case. As the petitioner was Panchayat Sachiv of Marachi, at the relevant time, failed to

Patna High Court Cr.Misc. No.13306 of 2018 (3) dt.16-04-2018 produce the educational certificates of Niyojit Panchayat Teachers for verification before the Vigilance Department. Learned counsel for the petitioner submits that the petitioner was transferred from Marachi to Mokama in the year 2011 as well as no such letter was addressed to the petitioner for the purposes of remitting the aforesaid certificates for verification and as such, the petitioner had not submitted the same. Looking to the aforesaid facts, let the petitioner, namely, Uma Shankar Ravidas @ Uma Shankar Prasad, be released on anticipatory bail in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the A.C.J.M., Patna City, Patna, in connection with Bypass P.S. Case No.89 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Shivaji Pandey, J) pawan/- U T