Pramod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36455 of 2019 Arising Out of PS. Case No.-17 Year-2016 Thana- NARDIGANJ District- Nawada ====================================================== Pramod Kumar, son of Awadh Ram, Resident of Village-Nardidih (Nardiganj), P.S.-Nardiganj, District-Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bipin Kumar For the Opposite Party/s :

Mr.Ajay Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 11-06-2019 Heard Mr. Sanjeev Ranjan, learned counsel appearing for the petitioner and learned counsel appearing on behalf of the State.

Petitioner apprehends his arrest in connection with Nardiganj P.S. Case No.17 of 2016 for the offence punishable under Sections 420, 406 of the Indian Penal Code. The allegation against the petitioner as mentioned in the FIR is that the petitioner did not provide relevant documents to the concerned authority for holding inquiry in appointment of Panchayat teacher pursuant to the direction of this Court. Learned counsel for the petitioner submits that the required documents for inquiry were to be provided by Panchayat Secretary which would be evident from Annexure-2. From perusal of Annexure-2, it appears that Block Education

Patna High Court CR. MISC. No.36455 of 2019(2) dt.11-06-2019 2/3 Officer, Nasriganj had circulated the letter in which Panchayat Secretaries were directed to furnish the relevant papers to the Block Education Officer for the purpose of inquiry. Accordingly learned counsel for the petitioner submits that responsibility to furnish the documents was on Panchayat Secretary and not the Mukhiya and the petitioner is Mukhiya who has been implicated in the FIR on the basis of general and omnibus allegation. He further submits that Panchayat Secretary, namely, Sheonandan Prasad Yadav and Kapildeo Prasad have been granted anticipatory bail by this Court in Cr. Misc. No.25249 of 2019 and 30374 of 2019.

After having heard learned counsel for the petitioner as well as State and after going through the materials on record, it appears that the petitioner is Mukhiya and from Annexure-2 in which there is a direction to Panchayat Secretaries to furnish the documents for the purpose of inquiry, I am inclined to grant anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender before the learned Court below within a period of four weeks and in the event of surrender by the petitioner, the petitioner shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.36455 of 2019(2) dt.11-06-2019 3/3 satisfaction of learned S.D.J.M., Nawada in connection with Nardiganj P.S. Case No.17 of 2016, subject to the condition as mentioned under Section 438 (2) of Cr.P.C.

(Anil Kumar Sinha, J) sanjeev/- U T