Patna High CourtCR. MISC./36029/2016bail granted

Ram Ekbal Pandey v. The State Of Bihar

2016-09-26Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36029 of 2016 Arising Out of PS.Case No. -543 Year- 2015 Thana -RUNISAIDPUR District- SITAMARHI ======================================================

1. Ram Ekbal Pandey Son of Late Bishundev Pandey R/o village - Pathrahi, P.S. Bajpatti, District - Sitamarhi .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Jha For the Opposite Party/s : Mr. M. Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 26-09-2016 Heard Mr. Jha for the petitioner and Mr. M. Dayal, APP for the State.

Petitioner is an accused of Runnisaidpur P.S. Case No. 543 of 2015 registered under Sections 420, 467, 468, 471 and 120B of the Indian Penal Code.

After his retirement as Panchayat Secretary, the present prosecution has been lodged by the Block Education Officer alleging that while he was functioning as Panchayat Secretary, he appointed persons below age of 18 years as Panchayat Shiksha Mitra. It is submitted that the employment unit was headed by the Mukhiya who is also co-accused of the case and has been released on anticipatory bail vide order dated 18.04.2016 passed in Cr. Misc. No. 11072 of 2016 (at page 18 of the brief). Under the guidelines, only the maximum age was provided. After having retired in the year 2005, the present

Patna High Court Cr.Misc. No.36029 of 2016 (2) dt.26-09-2016 2/2 prosecution has been lodged. Petitioner has no criminal antecedent.

Considering the facts and circumstances of the case, in the event of arrest or surrender in the Court below within four weeks, the petitioner abovenamed is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi in Runnisaidpur P.S. Case No. 543 of 2015 subject to the condition as laid down under Section 438(2) of the Cr.P.C. with the further following conditions:

(i) One of the bailers shall be the own/close family members of the petitioner.

(ii) In case of framing of charge, the petitioner shall appear in person on each and every date fixed in the Court below. In case of default in doing so on two consecutive occasions without any cogent/satisfactory reason, the Trial Court shall have liberty to cancel the bail bond of the petitioner and secure his arrest in accordance with law.

(Kishore Kumar Mandal, J) Pankaj/- U T