Ram Naresh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34530 of 2019 Arising Out of PS. Case No.-137 Year-2016 Thana- ARIYARI District- Sheikhpura ====================================================== RAM NARESH PASWAN Son of Late Jagdambi Paswan Resident of Village-Makuma Tola Barahiya, P.S.-Barahiya, District-Lakhisarai, Presently Residing at Hanuman Nagar, Ward No.29, P.S.-Kabaiya, District-Lakhisarai. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 27-05-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is in custody in connection with Ariyari P.S. Case No. 137 of 2016, registered for the offence punishable under Section 406, 408, 409, 419, 420, 467, 468, 471/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner has no criminal antecedent. Referring to the prosecution case he submits that Panchayat Secretary of Biman, Husainabad had not sent the merit list of Niyojit Teacher and as such the instant F.I.R. was lodged. Learned counsel for the petitioner would submit that at the relevant time petitioner was not posted as Panchayat Secretary of Hussainabad Gram

Patna High Court CR. MISC. No.34530 of 2019(2) dt.27-05-2019 2/2 Panchayat and no merit list available for the year 2003 and as such petitioner could not supply the merit list. Similarly circumstanced other co-accused persons have been granted anticipatory bail by co-ordinate Bench of this Court in Cr. Misc. No. 37054 of 2017 and 46019 of 2018 vide order dated 19.08.2018 and 09.08.2018 respectively. Learned counsel for the petitioner would submit that petitioner is in custody since 05.04.2019.

Considering the facts that petitioner has no criminal antecedent and he was not posted as Panchayat Secretary at the relevant time, the court is inclined to grant bail to the petitioner, let the petitioner named above 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 Sub-Divisional Judicial Magistrate, Sheikhpura in connection with Ariyari P.S. Case No. 137 of 2016. (Anil Kumar Upadhyay, J) T.Kr./- U T