Raghunandan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41161 of 2018 Arising Out of PS.Case No. -352 Year- 2016 Thana -PATORI District- SAMASTIPUR ====================================================== Raghunandan Yadav, Son of Shri Laldhari Yadav, dismissed Health Educator, Additional Primary Health Centre, Shiura Chaksaho, Patori, Permanent resident of Village & P.O.- Kamalpur, P.S.- Pandaul, DistrictMadhubani. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Rabindra Nath Kanth, Advocate For the Opposite Party/s : Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 16-07-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Patori P.S. Case No. 352 of 2016 instituted for the offence under Sections 467, 468, 471, 419 and 420 of the Indian Penal Code. Allegation against the petitioner is that at the time of initial appointment he has produced forged appointment letter and on that basis he was terminated from the service by Civil Surgeon Samastipur, vide order dated 30.7.2005.

Learned counsel for the petitioner has submitted that he has challenged the Memo No. 2011 dated 22.7.2016 which is the basis of lodging present First Information Report, by filing CWJC No. 4422 of 2017 which is already pending. It has further

Patna High Court Cr.Misc. No.41161 of 2018 (2) dt.16-07-2018 2/3 been submitted that petitioner was terminated earlier by order dated 30.6.2005 and he has filed writ petition vide CWJC No. 4674 of 2006 which was disposed of with direction to conduct fresh enquiry and after conducting enquiry, the report was submitted stating that appointment letter is forged. The petitioner again challenged the aforesaid order by filing writ petition which is still pending.

In such circumstances, anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Patori P.S. Case No. 352 of 2016, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Samastipur, subject to the conditions as laid down under Section 438 (2) 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 his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if petitioner tampers with the evidence or the witnesses of the case, in that

Patna High Court Cr.Misc. No.41161 of 2018 (2) dt.16-07-2018 3/3 case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) S.Ali/- Rohit Kr.

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