Bande Lal Ram v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.43339 of 2016 Arising Out of PS.Case No. -56 Year- 2016 Thana -KARAHGAR DistrictSASARAM (ROHTAS) =====================================
1. Bande Lal Ram, S/o Late Saryu Ram, R/o Village- Manik Parashi, P.O.- Gorakh Parashi, P.S.- Karakat (Gorari), District- Rohtas at Sasaram.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. Krishna Kumar Singh, S/o Unknown, Block Education Officer, Kargahar, P.S.- Kargahar, District- Rohtas at Sasaram.
.... .... Opposite Party/s ===================================== Appearance :
For the Petitioner/s : Mr. Jitendra Kumar Roy For the Opposite Party/s : Mr. Akshay Lal Pandit ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 26-10-2016 Heard the parties.
This application, for grant of anticipatory bail, arises out of Kargahar P.S. Case No. 56 of 2016, disclosing offences under Sections 467, 468, 471, 420, 188/34 and 201 of the Indian Penal Code.
The petitioner is Panchayat Secretary of three Gram Panchayats, namely, Kalyanpur, Bhokhri and Ararua,
Patna High Court Cr.Misc. No.43339 of 2016 (2) dt.26-10-2016 2/3 in the district of Rohtas. He was directed by the Director, Primary Education, Bihar, to provide the folders/files and other documents relating to appointments made to the post of Panchayat Teachers in the said Gram Panchayats. He, however, failed to do so. On the allegation of disobedience of the order of his superior, non-performance of duty and concealment and hiding of official files, the First Information Report has been registered. Learned counsel for the petitioner has submitted that in similar circumstance other co-accused persons, who are Panchayat Secretaries of different Gram Panchayats, have been granted the privilege of anticipatory bail by this Court.
Considering the nature of accusation, this application is allowed. 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/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-II, Rohtas at Sasaram, in connection with Kargahar P.S. Case No. 56 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
Patna High Court Cr.Misc. No.43339 of 2016 (2) dt.26-10-2016 3/3 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.) Praveen-II/-c U T