Patna High CourtCR. MISC./61009/2017bail granted

Parikha Yadav v. The State Of Bihar

2017-12-21Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61009 of 2017 Arising Out of PS.Case No. -68 Year- 2017 Thana -SALAIYA District- AURANGABAD ====================================================== Parikha Yadav, son of Siwdat Yadav, resident of village- Sirogoraiya, P.S.- Obra, District- Aurangabad.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar @ Manu, Advocate For the Opposite Party/s : Mr. S. Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 21-12-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Salaiya P.S. Case No. 68 of 2017 registered under Sections 420, 409, 471 and 472 of the Indian Penal Code. It is submitted by the learned counsel for the petitioner that the petitioner superannuated several years ago and the instant FIR has been instituted on 12.10.2017 on the allegation that though he was transferred while in service from Gram Panchayat, Beri, he did not hand over charge to his successor. He contended that the said allegation is absurd in

Patna High Court Cr.Misc. No.61009 of 2017 (2) dt.21-12-2017 view of the fact that he had handed over all the charges to the successor Panchayat Sevak, namely, Brijnandan Prasad on 29.10.2007 itself.

Learned counsel for the State has opposed the application for grant of pre-arrest bail to the petitioner. Regard being had to the nature of allegation, in the event of arrest or surrender in the court below within six weeks from today, the petitioner 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 A.C.J.M.VIII, Aurangabad in connection with Saliaya P.S. Case No. 68 of 2017 subject to the conditions as laid down under Section 438(2) Cr. P.C.

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