Rudal Prasad Yadav @ Rudal Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.50963 of 2016 (2) dt.19-12-2016 1/2

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50963 of 2016 Arising Out of PS.Case No. -35 Year- 2016 Thana -DHANAHA District- WESTCHAMPARAN (BETTIAH) ======================================================

1. Rudal Prasad Yadav @ Rudal Yadav Son of Sant Yadav Resident of Village-Utarwahini Pokhariya Raj, P.s. Chanpatiya, district West Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bimlesh Kumar Pandey For the Opposite Party/s : Mr. Sri Nityanand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 19-12-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 409 of the Indian Penal Code.

The petitioner is a government servant and was working as Panchayat Secretary.

Allegation is that petitioner did not produce the service folder of the teachers appointed on contract to the authorities on demand.

Submission is that even if allegation is assumed to be correct it may be a case of disobedience of order of the superior authority for which departmental proceeding is there. No criminal

Patna High Court Cr.Misc. No.50963 of 2016 (2) dt.19-12-2016 2/2 case is made out against the petitioner.

Considering the aforesaid facts, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Bagaha, West Champaran/Successor Court in connection with Dhanaha Police Station Case No. 35 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Birendra Kumar, J) kundan/- U T