Md. Gayasuddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36923 of 2016 Arising Out of PS.Case No. -86 Year- 2016 Thana -JOKIHAT District- ARRARIA ======================================================

1. Md. Gayasuddin Son of Late Md. Basiruddin resident of VillageRampur, P.S. Champa Nagar, K.Nagar, District- Purnea .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar Sharma For the Opposite Party/s : Mr. Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 14-09-2016 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Jokihat Police Station Case No. 86 of 2016, disclosing offences under Section 409 of the Indian Penal Code.

The petitioner, at the relevant point of time, was working as Panchayat Secretary of Chakai Gram Panchayat, in the district of Araria.

It is alleged against him that he did not hand over the registers and folders pertaining to appointments made to the post of Panchayat Teacher in the said Gram Panchayat, which are under scanner, on the allegation of same having been made fraudulently. The case is being

Patna High Court Cr.Misc. No.36923 of 2016 (2) dt.14-09-2016 2/3 investigated by the Vigilance Investigation Bureau. Learned Counsel appearing on behalf of the petitioner has submitted that after the petitioner assumed charge of Panchayat Secretary, the aforesaid documents were not handed over to him by his predecessor. He also submits that his predecessor, Bindeshwari Yadav, has not been made an accused in the case.

Considering the submissions advanced on behalf of the petitioner, this application is allowed. Let the petitioner, Md. Gayasuddin, 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 Sub Divisional Judicial Magistrate, Araria, in connection with Jokihat Police Station Case No. 86 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 consecutive occasions, his bail bond shall be liable to be cancelled.

Let a copy of this order be sent to the

Patna High Court Cr.Misc. No.36923 of 2016 (2) dt.14-09-2016 3/3 Superintendent of Police, Vigilance Investigation Bureau. (Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √