Umesh Chandra Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36872 of 2016 Arising Out of PS.Case No. -241 Year- 2016 Thana -SIKARPUR DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Umesh Chandra Thakur, son of late Ramswaroop Thakur, resident of Village-Jokahan, Police Station- Manuapul (Bettiah) District- West Champaran, at present Panchayat Sachiv of Panchayat Binwaliya, Block Narkatiaganj, District- West Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Brij Kishor Mishra, Advocate For the Opposite Party/s : Mr. Sri Rajesh Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 14-09-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for grant of anticipatory bail arises out of Shikarpur P.S. Case No. 241 of 2016, disclosing offences under Sections 409, 420 and 188/34 of the Indian Penal Code. The petitioner, at the relevant point of time, was working as Panchayat Secretary of Binwaliya Gram Panchayat in the district of West Champaran. Allegedly, he did not furnish to the Vigilance personnel the folders and registers, relating to appointments made to the post of Panchayat Teachers, which is under scanner.

Learned counsel for the petitioner has submitted that the petitioner has not, in fact, taken over charge of the said documents from his predecessor Mangal Prasad Yadav. He has categorically submitted that the said documents have still not been

Patna High Court Cr.Misc. No.36872 of 2016 (2) dt.14-09-2016 2/2 handed over to the petitioner. It seems that said Mangal Prasad Yadav is not an accused in any criminal case relating to disappearance of the documents, pertaining to appointments in question on the post of Panchayat Teachers.

Considering the submissions as above, 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 bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Shikarpur P.S. Case No. 241 of 2016, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the 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 bonds shall be liable to be cancelled.

Let this order be communicated to the Superintendent of Police, Vigilance Investigation Bureau.

(Chakradhari Sharan Singh, J) Vats/- U T