Manoj Kumar Singh v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.54852 of 2016 (3) dt.13-01-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54852 of 2016 Arising Out of PS.Case No. -195 Year- 2016 Thana -NOKHA District- SASARAM (ROHTAS) ======================================================

1. Manoj Kumar Singh, S./o Late Chandrama Singh, R/o Village- Delhua, P.S.- Kochas, District- Rohtas at Sasaram.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Amin Singh, S/o Late Hiraman Singh, R/o Village- Majhupur, PSJagdishpur, District- Bhojpur, At present Block Education Officer, Block & PS.- Nokha, District- Rohtas at Sasaram.

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

For the Petitioner/s : Mr. Jitendra Kumar Roy For the Opposite Party/s : Mr. Sri Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 13-01-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner is apprehending his arrest in connection with Nokha P.S. Case No. 195 of 2016 for the offences instituted under Section 409 of the Indian Penal Code.

3.

According to prosecution case, the petitioner has not provided folder files and other documents as per the order of the Principal Secretary, Education Department, D.M. Rohtas and District Programme Officer, Establishment, Rohtas 4.

Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. He has been made accused in the present case due to mistake

Patna High Court Cr.Misc. No.54852 of 2016 (3) dt.13-01-2017 of fact. Whatever the papers which were handed over to the petitioner by his predecessor have already been deposited before the Block Education Officer. Moreover, co-accused, namely, Ram Nagina Ram, having more or less similar allegation, has been granted anticipatory bail by a co-ordinate Bench of this Court in Cr. Misc. No. 54342 of 2016.

5.

Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Nokha P.S. Case No. 195 of 2016/ G.R. No. 1909 of 2016 on furnishing bail bond of Rs. 10,000/- (Ten Thousand rupees only) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Rohtas at Sasaram, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T