Surendra Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31228 of 2019 Arising Out of PS. Case No.-360 Year-2018 Thana- ATRI District- Gaya ====================================================== SURENDRA PRASAD Son of Late Rambhajan Mahto then Panchayat Secretary -cum- Secretary, Panchayat Shikshak Niyojan Samittee, Tetua, P.S.- Atri, District- Gaya, Permanent resident of Village- Meghathan, P.S.- Kothi, District- Gaya.

... ... Petitioner

Versus

1.

THE STATE OF BIHAR 2.

The Vigilance Department Bihar, Patna. Bihar ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Kumar Saxena For the Opposite Party/s :

Mr.Ajay Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 10-05-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Atri P.S. Case No. 360 of 2018 for the offence punishable under Sections 420, 467, 468, 471, 196, 198, 199, 201 and 120(B) of the Indian Penal Code.

One Punam Kumari was appointed as Panchayat Teacher allegedly on the basis of such educational certificates, which were found to be forged subsequently. The petitioner, at the relevant point of time, was working as Panchayat Secretary of the concerned Gram Panchayat, as alleged in the First Information Report.

Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.31228 of 2019(2) dt.10-05-2019 2/2 petitioner has submitted that there is no allegation that the petitioner was party to forgery or fabrication of the documents, which the said Panchayat Teacher has submitted. On perusal of the First Information Report, I find substance in the submission advanced on behalf of the petitioner. This application is accordingly allowed. Let the petitioner above named, in the event of his arrest/surrender within six weeks from today in the Court below, be released on 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 A.C.J.M.-XIII, Gaya, in Atri P.S. Case No. 360 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Pawan/- U T