Shyam Deo Prasad And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.634 of 2017 Arising Out of PS.Case No. -113 Year- 2016 Thana -FATEHPUR District- GAYA ======================================================

1. Shyam Deo Prasad S/o Late Gaman Yadav Resident of Village-Jiri, P.S.- Atri, District-Gaya

2. Rajendra Sao S/o Late Pachu Sao Resident of Village-Mahuait, P.S.- Wazirganj, District-Gaya .... .... Petitioners

Versus

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

For the Petitioners : Mr. Lilawati Singh, Advocate. For the Opposite Party : Mr. Mritunjay Kumar Nirala, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-01-2017 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are apprehending their arrest in connection with Fatehpur P.S. Case No. 113 of 2016 for the offences instituted under Sections 409, 201 and 408/34 of the IPC. The prosecution story, in brief, is that the petitioners had not deposited the complete file of the appointees of Panchayat Teachers as per the direction of the superior authorities. It has been submitted on behalf of the petitioners that the petitioners have falsely been implicated in the present case. There is no allegation of tampering with the witnesses alleged against the petitioners. They are the Panchayat Sachivs of the respective

Patna High Court Cr.Misc. No.634 of 2017 (2) dt.11-01-2017 2/2 Panchayats. The documents in relation to appointment of Panchayat Teachers have already been deposited by them before the competent authority vide Annexures- 1 and 2/1 to the present application. The other co-accused have already been granted anticipatory bail by another co-ordinate Benches of this Court vide Cr. Misc. Nos. 53144/2016 and 53479/2016.

On behalf of the State, it has been submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail in the event of their arrest or surrender before the learned court below within a period of six weeks from today in connection with Fatehpur P.S. Case No. 113/2016 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-Xth, Gaya, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T