Ram Naresh Prasad Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13960 of 2017 Arising Out of PS.Case No. -56 Year- 2016 Thana -BELHAR District- BANKA ======================================================

1. Ram Naresh Prasad Yadav, S/o Late Brahmdeo Yadav, resident of village- Bhariopur, Police Station- Katoria, District- Banka. At present posted as Panchayat Secretary of Gram Panchayat Belhar and Basmatta, Anchal- Belhar, District.- Banka.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ajay Mukherjee, Advocate For the Opposite Party/s : Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 20-04-2017 Heard learned counsel for the Petitioner and the State.

The Petitioner apprehends his arrest in Belhar P.S. Case No.56 of 2016 instituted for the offence under Section(s) 166-A, 409/34 Indian Penal Code.

Allegation against the petitioner is that he did not handover relevant documents to the Vigilance Department with regard to appointment of Contract Teacher in the light of the order passed by this Hon'ble Court in CWJC No.15459 of 2014. Counsel for the petitioner submits that the alleged appointment took place between 2003 to 2014-15 and the petitioner was not posted in the said Panchayat at the relevant time. He has been posted in the aforesaid Panchayat in the year

Patna High Court Cr.Misc. No.13960 of 2017 (3) dt.20-04-2017 2/3 2015 and the relevant documents relating to appointment of Panchayat Teacher and Shiksha Mitra were not handed over to him by the ex- Panchayat Sewak. The petitioner vide Annexure-2 informed the BDO, Belhar, Banka, about not handing over of the relevant papers to him. Thereafter, vide Annexure-3, necessary order was passed by the BDO, Belhar, Banka, on 02.03.2016, and then as per Annexure-4, after breaking lock of the box, charge of various registers were given to this petitioner. In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Belhar P.S. Case No.

56 of 2016, he shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Sub Judge III-cumAdditional Chief Judicial Magistrate, III, Banka, subject to the conditions as laid down under Section 438(2) Cr. P. C.

Patna High Court Cr.Misc. No.13960 of 2017 (3) dt.20-04-2017 3/3 automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) JA/- U T