Md. Kalimuddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50858 of 2017 Arising Out of PS.Case No. -649 Year- 2017 Thana -SAHARSA District- SAHARSA ====================================================== Md. Kalimuddin, son of Md. Hamid, resident of Village- Sattar, P.S.- Bihra, District- Saharsa (Executive Assistant Block Supply Office, Nauhatta, Saharsa).

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Amarnath Jha, Advocate For the Opposite Party/s : Mr. Abhay Kumar - 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 17-11-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Saharsa Sadar P.S. Case No. 649 of 2017 registered under Sections 408 and 409 read with 34 of the Indian Penal Code. It is submitted by the learned counsel for the petitioner that the petitioner was not custodian of the missing volume no.7. He submitted that there is no specific allegation as against the petitioner that he was instrumental in any manner in

Patna High Court Cr.Misc. No.50858 of 2017 (2) dt.17-11-2017 removing or concealing the record and the first information report has been lodged merely on suspicion.

On the other hand, learned counsel for the State submitted that the custodian of the missing register was one Ram Pukar Singh Yadav, a co-accused and it was the petitioner who had to perform online data entry.

Having heard the parties and considered the material on record, as the petitioner is a government servant, is not likely to abscond, he is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saharsa in connection with Saharsa Sadar P.S. Case No. 649 of 2017 subject to the conditions as laid down under Section 438(2) Cr. P.C. in the event of arrest or surrender in the court below within four weeks from today.

(Ashwani Kumar Singh, J.) Sanjeet/- U T