Arvind Prasad Singh @ Arvind Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50536 of 2016 Arising Out of PS.Case No. -632 Year- 2016 Thana -BANKA District- BANKA ====================================================== Arvind Prasad Singh @ Arvind Kumar Singh, Son of Late Ramdeo Singh, Resident of Village-Rottochak, P.S.-Belhar, District-Banka. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Amrendra Kumar Jha, Advocate. For the Opposite Party : Mr. Ramchandra Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-11-2016 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is apprehending his arrest in connection with Banka P.S. Case No. 632 of 2016, corresponding to G.R. No. 2300 of 2016 for the offences instituted under Sections 409/34 of the IPC.
The prosecution story, in brief, is that in light of Petition No. 15459 of 2014 before the Hon'ble Patna High Court and in light of the order passed in Case No. 4082 of 2013 of the Government of Bihar, the files and certificates related with the appointment of teachers from the year 2003 to 2015 were to be
Patna High Court Cr.Misc. No.50536 of 2016 (2) dt.28-11-2016 2/3 sent to the Vigilance Investigation Department by the petitioner and other co-accused persons named in the FIR but the said files and registers were not made available by the petitioner. Hence, F.I.R.
It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner had joined the post of Panchayat Secretary of the concerned Panchayat on 17.03.2015 and prior to the institution of the FIR, on 31.03.2016 he had reported to the superior that the predecessor of the petitioner had not handed over the papers in respect to the appointment of the Panchayat Teachers. He has been made accused in the present case due to mistake of fact. On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, 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 Banka P.S. Case No. 632 of 2016, corresponding to G.R. No. 2300 of 2016 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned
Patna High Court Cr.Misc. No.50536 of 2016 (2) dt.28-11-2016 3/3 C.J.M., Banka, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. U.K./- (Sudhir Singh, J) U T