Ganesh Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52931 of 2016 Arising Out of PS.Case No. -35 Year- 2016 Thana -DHANAHA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Ganesh Prasad, Son of Sukai Sah, Resident of Village- Lagunahan, P.S.- Chautarwa, District- West Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s : Mr. Sri Manish Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-12-2016 Learned counsel for the petitioner is permitted to make some correction in paragraph-10 of this application. Heard learned counsel for the petitioner as well as learned APP for the State.

The petitioner seeks anticipatory bail in connection with Dhanaha P.S. Case No. 35 of 2016 instituted for the offences punishable under Section 409 of the Indian Penal Code.

The allegation against the petitioner is that the petitioner is the Panchayat Secretary and he has not submitted the records of the appointment of the Panchayat Teachers to the concerned authority.

It has been submitted on behalf of the petitioner that

Patna High Court Cr.Misc. No.52931 of 2016 (2) dt.21-12-2016 2/3 as a matter of fact, the petitioner has taken charge as Panchayat Secretary from other, but that person has not handed over the relevant records to him and, as such, he could not submit the records to the concerned authority in time. It has further been submitted that whatever records he has, he has submitted on 19.03.2016 and thereafter, on 08.09.2016. Lastly, it is submitted that that person having similar allegation has already been granted bail by another co-ordinate Bench of this Court in Criminal Miscellaneous No. 50963 of 2016.

Heard the learned APP also.

In view of the fact stated above and the co-accused having similar allegation has already been granted bail by another co-ordinate Bench of this Court in Criminal Miscellaneous No. 50963 of 2016, let the petitioner above named in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt / production of a copy of this order, is directed to be enlarged 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 the learned Additional Chief Judicial Magistrate, Bagaha, West Champaran in connection with Dhanaha P.S. Case No. 35 of 2016, on subject to the conditions as laid down

Patna High Court Cr.Misc. No.52931 of 2016 (2) dt.21-12-2016 3/3 under Section 438(2) of the Code of Criminal Procedure. (Vinod Kumar Sinha, J) ajaypd./- U T