Dhananjay Prasad v. The State Of Bihar

Patna High Court Cr.Misc. No.36848 of 2017 (2) dt.10-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36848 of 2017 Arising Out of PS.Case No. -250 Year- 2016 Thana -CHANPATIA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Dhananjay Prasad son of Late Sheetal Sah resident of village - Vrindawan Ashram, P.S. - Chapatia, District - West Champaran the then Mukhiya, Gram Panchayat Raj, Ranipur Rampurwa, Block - Chanpatia, P.S. - Chanpatia, District - West Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Smt Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 10-08-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Chanpatia P.S. Case No. 250 of 2016 instituted for the offence under Sections-409, 420, 467, 468/34 of the Indian Penal Code.

It is alleged against this petitioner that being member of the committee, appointment of Md. Salim was done on the basis of forged mark sheets showing his rank above other candidates. Counsel for the petitioner has submitted that the committee for appointment consists of the Mukhiya and the Block Development Officer. The Block Development Officer is the chairman of the aforesaid committee. The petitioner was at that time Mukhiya. The service of Md. Salim has already been terminated in the year, 2009 vide Memo No. 1316 dated 08-10-2009 and against the aforesaid

Patna High Court Cr.Misc. No.36848 of 2017 (2) dt.10-08-2017 termination, the said Md. Salim has filed CWJC No. 1987 of 2011 which is pending adjudication in this Hon'ble Court. In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner named above in the event of his arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with in Chanpatia P.S. Case No. 250 of 2016 to the satisfaction of learned Additional Chief Judicial Magistrate-Vth, West Champaran, Bettiah subject to condition as laid down u/S 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 petitioner tampers 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) A.K.V./- U T