Vijay Kumar Jaiswal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40427 of 2023 Arising Out of PS. Case No.-16 Year-2023 Thana- GOPALPUR District- Bhagalpur ====================================================== VIJAY KUMAR JAISWAL S/O SRI CHHATHU PRASAD JAISWAL R/O Village- Parbatta, Ward No. 08, P.S- Parbatta, Distt.- Bhagalpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranjan Kumar Jha, Advocate For the Opposite Party/s :
Mr. Dashrath Mehta, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-08-2023
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 409 and 34 of the Indian Penal Code.
3. Learned counsel for the petitioner submits that the petitioner has antecedent of one case and from perusal of the allegation as alleged in the FIR it would manifest that the allegation is of not handing over the folder relating to appointment of Niyojit Teachers, it is further submitted that the allegation is purely administrative for which a criminal case has been instituted. It is next submitted that petitioner retired on 31.10.2022 and prior to his retirement his
Patna High Court CR. MISC. No.40427 of 2023(2) dt.02-08-2023 2/3 predecessors had not handed over the charge in respect of folder of Niyojit Teachers for which he had correspondent with the Block Development Officer on several occasions, thereafter, an FIR being Gopalpur (Rangra) P.S. Case No. 119 of 2017 came to be instituted against the accused persons. It is next submitted that the accused persons of Gopalpur (Rangra) P.S. Case No. 119 of 2017, Md. Khurshid Alam was granted privilege of anticipatory bail by order dated 16.01.2018 in Cr. Misc. No. 975 of 2018. It is next submitted that after the said FIR was instituted the present FIR came to be instituted by the Block Education Officer implicating the petitioner falsely. It is further submitted that the present FIR has been instituted after retirement of the petitioner.
4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
5. Considering the submissions made by the learned counsel for the petitioner, the petitioner abovenamed, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of
Patna High Court CR. MISC. No.40427 of 2023(2) dt.02-08-2023 3/3 Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Gopalpur (Rangra) P.S. Case No. 16 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) GauravSinha/- U T