Uday Narayan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41661 of 2016 Arising Out of PS.Case No. -157 Year- 2016 Thana -DURGAWATI District- BHABHUA (KAIMUR) ======================================================

1. Uday Narayan Singh, Son of Ram Nagina Singh, Resident of VillageBaghini, P.S.- Mohaniya and District- Kaimur (Bhabhua). Presently holding the post of Member Secretary, Panchayat Employment Unit Karnpura and Masaurha.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Aditya Prakash Sahay For the Opposite Party/s : Mr. Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 04-10-2016 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Durgawati Police Station Case No. 157 of 2016, disclosing offences under Sections 188, 409, 420 and 201 of the Indian Penal Code.

The petitioner is working as Panchayat Secretary of Karnapura Gram Panchayat in the district of Kaimur. It is alleged against him that he did not make available the relevant registers and folders relating to appointments made to the posts of Panchayat Teachers in the said Gram Panchayat. A communication made by the Block Education Officer, Durgawati (Kaimur) to the Officer-

Patna High Court Cr.Misc. No.41661 of 2016 (2) dt.04-10-2016 2/3 in-charge of the concerned Police Station is the basis for registration of the First Information Report. Learned Counsel appearing on behalf of the petitioner has submitted that the petitioner did not receive the concerned registers and documents relating to appointments made in the year 2003 and 2005, after he assumed the charge of Panchayat Secretary of the said Gram Panchayat from his predecessor, Rishikant Dubey, who is presently posted as Revenue Clerk in the Circle Office, whose cell phone numbers are 9939921574 and 9431076004.

Learned Counsel for the petitioner has submitted that said Rishikant Dubey, who is responsible for disappearance of the documents, has not been made accused in the case so far and the petitioner is being unnecessarily harassed.

Considering the above submissions, this application is allowed.

Let the petitioner, Uday Narayan Singh, 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, Kaimur, at Bhabhua, in connection with

Patna High Court Cr.Misc. No.41661 of 2016 (2) dt.04-10-2016 3/3 Durgawati Police Station Case No. 157 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/-c U √ T √