Ram Lakhan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26770 of 2020 Arising Out of PS. Case No.-14 Year-2019 Thana- PARAIYA District- Gaya ====================================================== RAM LAKHAN PASWAN Son of Late Barho Paswan Resident of Village - Dhamna Gopalpur, P.S. - Barachatti, District - Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar Singh For the Opposite Party/s :

Mr.Uday Chandra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 11-11-2020 Heard learned Counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in connection with Paraiya P.S. Case No. 14 of 2019 registered for the offence under Sections 409/34 of the Indian Penal Code. Allegation against the petitioner is that being Panchayat Secretary of Karhatta Gram Panchayat he has not supplied the folder files with regard to appointment of Prakhand/Panchyat Teachers in the block.

Learned counsel appearing on behalf of the petitioner would submit that the petitioner has no criminal antecedent. The petitioner had joined Paraiya Block in 2011 and remained there upto August, 2012. The folder pertains to appointment of Block/Panchayat Teacher such as merit list application register, advice register, application forms etc. for the years 2003, 2005, 2006, 2008 and 2010 i.e. prior to the joining of the petitioner in Paraiya Block. He further submits that the

Patna High Court CR. MISC. No.26770 of 2020(2) dt.11-11-2020 2/2 petitioner has already retired from service. Referring to Annexure-3 he submits that the concerned authorities have issued direction to the predecessor of this petitioner to hand over charge of the documents to the petitioner but the predecessor of the petitioner, namely, Parsuram Prasad has not handed over charge of the documents or records pertaining to appointment of Block/Panchayat Teachers.

Considering the fact that the petitioner has no criminal antecedent and the documents relate to appointment prior to his joining in the block in question as also the fact that the petitioner has already superannuated, the Court is inclined to grant bail to the petitioner. Let the petitioner, above named, in the event of arrest or surrender within four weeks from the date of communication of this order, be released on bail on furnishing bail bond of Rs. 50,000/- (Fifty Thousand) with two sureties of the like amount each to the satisfaction of the ACJMIII, Gaya in connection with Paraiya P.S. Case No. 14 of 2019, subject to the conditions as laid down under Section 438(2) Cr. P.C.

(Anil Kumar Upadhyay, J) spandey/- U T