Daya Nand Jha And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51458 of 2016 Arising Out of PS.Case No. -196 Year- 2016 Thana -PAROO District- MUZAFFARPUR ======================================================

1. Daya Nand Jha son of Yogendra Jha, resident of Village- Sonpur, P.S.- Katra, District- Muzaffarpur.

2. Bhikhari Rai, son of Late Saryug Rai, resident of Village- Mithanpura, P.S.- Kanti, District- Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mrs. Bela Singh For the Opposite Party/s : . Smt. Gulnar Begam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-01-2017 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Paroo P.S. Case No. 196 of 2016 for the offences punishable under sections 409/34 of the Indian Penal Code. It has been submitted on behalf of the petitioners that as per the first information report the allegation is that the petitioners being Panchayat Secretary have not submitted the necessary documents about the appointment of Panchayat teachers before the enquiry committee in spite of direction of the department but petitioner no. 1 has already deposited the folder to petitioner no. 2 and after transfer, petitioner no. 2 has also deposited the folder about the appointment of Panchayat teachers

Patna High Court Cr.Misc. No.51458 of 2016 (4) dt.18-01-2017 2/2 which would appear from the certificate issued by the Block Education Officer, Paroo, Muzaffarpur vide Annexure-4 but the petitioners have been falsely implicated in this case without any fault.

Heard learned A.P.P. also who has opposed the prayer for anticipatory bail.

Having heard both sides and in view of the facts stated above that the petitioners have already handed over necessary documents which appears from annexure-4, let both the petitioners, in the event of their arrest or surrender in the court below within a period of four weeks from today, shall be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Shri A. K. Singh, Judicial Magistrate, 1st Class, Muzaffarpur in connection with Paroo P.S. Case No. 196 of 2016 subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure, 1973 with further condition that they will cooperate in the investigation of the case and shall make themselves available before the police as and when required.

(Vinod Kumar Sinha, J) Amin/- U