Ran Vijay Singh Yadav @ Ran Vijay Prasad Singh Yadav v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.46342 of 2017 Arising Out of PS.Case No. -36 Year- 2016 Thana -SHAKURABAD District- JEHANABAD ====================================================== Ran Vijay Singh Yadav @ Ran Vijay Prasad Singh Yadav, Son of Ramu Singh, R/o Village- Kharasin, P.S.- Sahar Telpa and District- Arwal. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. The Superintendent of Police, Vigilance Department , Patna Bihar. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Arun Kumar, Advocate. Mr. Manish Kumar, Advocate For Vigilance : Mr. Rabindra Kumar, A.C. to Vigilance, Law Officer.
For the State : Mr. S. Dayal, A.P.P:. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 03-11-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Shakurabad P.S. Case No. 36 of 2016 instituted for the offence under Sections 420, 409 and 120(B) of the Indian Penal Code. Learned counsel for the petitioner has submitted that he has taken charge of Narayanpur Gram Panchayat on 03.10.2014 from one Nand Kishore Singh but he has not handed over the charge to the petitioner regarding appointment of Panchayat Teachers as well as Shiksha Mitra for the period of 2003, 2005, 2006 and 2008 and for the same, this petitioner has already communicated to the Block Development Officer, Ratani
Patna High Court Cr.Misc. No.46342 of 2017 (3) dt.03-11-2017 2/3 Faridpur on 08.11.2014. It has further been submitted that the petitioner has also written letter to the several higher officials for handing over the charges and also to submit a file folder of appointment of teachers (Annexure-2 series).
It has further been submitted that the petitioner has submitted file-folder of 16 teachers on 28.09.2016 for verification of documents to the District Programme Officer (Est.), Jehanabad and Narayanpur Gram Panchayat for entire period of appointment of teachers.
The petitioner was directed vide order dated 22.09.2017 passed by a coordinate Bench of this Court to file supplementary affidavit whether he has deposited the folder of his earlier place of posting. In compliance of the aforesaid, supplementary affidavit has been filed wherein petitioner has mentioned in paragraphs 5 and 6 about depositing of folders of appointment of teachers as well as Siksha Mitra to the authority concerned while he was posted in different Gram Panchayats. Learned counsel for the vigilance has appeared and opposed the prayer for anticipatory bail of the petitioner. Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six
Patna High Court Cr.Misc. No.46342 of 2017 (3) dt.03-11-2017 3/3 weeks from today, in connection with Shakurabad P.S. Case No. 36 of 2016, he shall be released on anticipatory 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, Jehanabad, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Sanjay Priya, J) S.Ali/- U T