Ashok Kumar Mehta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20601 of 2016 Arising Out of PS.Case No. -8 Year- 2016 Thana -DARPA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Ashok Kumar Mehta Son of late Jairam Prasad Resident of Village - Kabaiya , PS Jharokhar, District East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dilip Kumar Tondon For the Opposite Party/s : Mr. Manoj Kumar-I(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 20-05-2016 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Darpa Police Station Case No. 08 of 2016, disclosing offences under Sections 467, 468, 420, 201 and 188 of the Indian Penal Code.

The petitioner is the Panchayat Secretary of Rampur Gram Panchayat, in the district of East Champaran. It is alleged that he failed to make available to the Vigilance Investigating Bureau the documents relating to selection and appointment of Panchayat Teachers. The Vigilance Investigating Bureau is investigating into the allegation of fraudulent appointments made to the said posts.

Patna High Court Cr.Misc. No.20601 of 2016 (2) dt.20-05-2016 2/3 Learned Counsel for the petitioner has submitted that during the pendency of this application, the petitioner has made available necessary documents to the Vigilance Investigating Bureau. He has further submitted that earlier also, he had made available such documents which were there in his possession to the Bureau. It has lastly been submitted that the petitioner is a Government servant and, thus, there is no likelihood of fleeing from the course of investigation or trial.

Considering the submission, as above, this application is allowed.

Let the petitioner, Ashok Kumar Mehta, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Raxaul, at Motihari, in connection with Darpa Police Station Case No. 08 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two

Patna High Court Cr.Misc. No.20601 of 2016 (2) dt.20-05-2016 3/3 consecutive occasions, his bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √