Sarvesh Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49305 of 2016 Arising Out of PS.Case No. -212 Year- 2016 Thana -MAKHDUMPUR District- JEHANABAD ====================================================== Sarvesh Prasad, S/o- Sidhnath Prasad, Resident of Village- Dhandihra, P.S.- Parasbigha, District- Jehanabad, at present Panchayat Secretary Malathi and Sumera.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jogendra Kumar, Advocate. For the Opposite Party/s : Mr. Sri Ahmad Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 09-12-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 409 and 420 of the Indian Penal Code.

Petitioner was allegedly Panchayat Secretary at the relevant time and allegation is that in fact the petitioner was not posted in that block at the relevant period rather he subsequently joined their. Moreover, the allegation makes a case of insubordination for which disciplinary proceeding is thereon and no criminal liability is made out.

Considering the facts and circumstances, let, the petitioner, above named, in the event of his arrest or surrender

Patna High Court Cr.Misc. No.49305 of 2016 (2) dt.09-12-2016 2/2 before the Court below within a period of thirty days from the date of receipt of the order, 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 Chief Judicial Magistrate, Jehanabad/Successor Court in connection with Makhdumpur Tehta O.P. P.S. Case No. 212 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Birendra Kumar, J) Prakash/- U T