Ramashish Singh @ Ashish Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.33348 of 2017 (2) dt.20-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33348 of 2017 Arising Out of PS.Case No. -39 Year- 2016 Thana -RAFIGANJ District- AURANGABAD ====================================================== Ramashish Singh @ Ashish Singh, son of Harihar Singh, resident of Village and Police Station- Barun Khenda, District- Aurangabad. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Ram Pravesh Nath Tiwari For the Opposite Party/s : Mr. Sri Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 20-07-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Rafiganj Police Station Case No. 39 of 2016, disclosing offences under Sections 409, 188/34 of the Indian Penal Code. Learned counsel for the petitioner has submitted that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, the petitioner happens to be the Panchayat Sachiv of Gram Panchayat Kajpa has joined the post on 17.07.2013 but at the time of taking charge, the earlier Panchayat Secretary did not gave the charge of the relevant documents with regard to the employment in question, which is evident from annexure-2 and subsequently when the same

Patna High Court Cr.Misc. No.33348 of 2017 (2) dt.20-07-2017 relevant documents were made available to the petitioner, he immediately submitted the same in the Block Office, Rafiganj, which is evident from annexure-3. The petitioner has no concern with the employment in question. Moreover, co-accused, Vinod Kumar, having more or less similar allegation, has also been granted anticipatory bail by a co-ordinate Bench of this Court in Cr. Misc. No. 26200 of 2016. Hence, the petitioner also deserves the privilege of anticipatory bail.

Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad, in connection with Rafiganj Police Station Case No. 39 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

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(Arvind Srivastava, J) Brajesh/- U T