Ram Sevak Prasad v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9085 of 2018 Arising Out of PS.Case No. -6 Year- 2017 Thana -PARASI District- JEHANABAD ======================================================

1. Ram Sevak Prasad, Son of Baleshwr Prasad, Resident of VillageKaluachak, P.S.-Karauna O.P. (Jehnabad), District-Jehanabad. .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Vigilance, Investigation Bureau, Bihar, Patna .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Satyendra Prasad Singh For the Opposite Party/s : Mr. Sri Bisheshwar Ram For the Vigilance : Mr. Rama Kant Sharma, Sr. Adv. Mr. Santosh Kr. Pandey.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 23-03-2018 Heard learned counsel for the petitioner as well as the State.

The petitioner apprehends his arrest in Parasi P.S. Case No. 06/2017 instituted for the offences under Sections 409, 420, 467, 468 and 471 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that the petitioner is a Panchayat Secretary. The allegation against this petitioner is of appointment of co-accused Arun Kumar as a Panchayat Teacher on the basis of forged mark-sheet. It has been submitted that Arun Kumar has already been granted anticipatory bail by this Court vide order dated 31.07.2017 passed in Cr. Misc. No. 30561/2017. It has further been submitted that there was just

Patna High Court Cr.Misc. No.9085 of 2018 (3) dt.23-03-2018 2/2 clerical mistake and therefore difference was detected. Considering the facts and circumstances of the case, the prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Parasi P.S. Case No. 06/2017, he shall be released 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 Sub Divisional Judicial Magistrate, Arwal, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if the petitioner tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Sanjay Priya, J.)