Jagat Kishore Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32069 of 2019 Arising Out of PS. Case No.-29 Year-2019 Thana- SIRDALA District- Nawada ====================================================== Jagat Kishore Prasad Son of Late Kameshwar Mahto Resident of Village - Chamarbigha, P.S.- Rajauli, Distt - Nawada. .. ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sheo Kumar Prasad For the Opposite Party/s :

Mr. Ajay Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 15-05-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 406 & 420/34 of the Indian Penal Code.

Petitioner who happens to be Panchayat Secretary of Gram Panchayat Bijubigha of Block Kashichak is said to have not submitted the folder and record regarding the appointment of panchayat teacher and due to aforesaid reason the enquiry regarding the documents could not be made.

Learned counsel for the petitioner submitted that no such occurrence as alleged ever took place. The petitioner is quite innocent and has been falsely implicated in this case. The petitioner has taken the charge from one Ravindra Kumar but the said Ravindra Kumar has not handed over the said folder and records of the

Patna High Court CR. MISC. No.32069 of 2019(2) dt.15-05-2019 2/2 appointment of the teachers to him at the time of making over charge and, consequently, he could not submit the same. There is no fault on the part of the petitioner in the said act. There is no allegation of any sorts of misappropriation or criminal breach of trust against the petitioner. No offence under Section 420 IPC is made out against the petitioner. Similarly situated co-accused, namely, Jayendra Yadav @ Jayendra Prasad has already been enlarged on anticipatory bail by a coordinate Bench of this Court in Cr. Misc. No.29292 of 2019 vide order dated 03.05.2019.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, 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 C.J.M., Nawada in connection with Sirdala P.S. Case No. 29 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. Trivedi/- (Prakash Chandra Jaiswal, J) U T