Vinod Rao v. The State Of Bihar

Patna High Court Cr.Misc. No.49649 of 2016 (3) dt.20-12-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49649 of 2016 Arising Out of PS.Case No. -241 Year- 2016 Thana -SIKARPUR DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Vinod Rao Son of Shri Lagandeo Rao, Resident of village- Khiriyaghat Bettiah, Police Station-Bairiya, District- West Champaran, at present Panchayat Sachiv of Gram Panchayat Raj Rajpur Tumkariya and Gram Panchayat Sachive of Gram Panchayat Raj Rajpur Tumhariya and Gram Panchayat Raj Shikarpur, Block Narkatiaganj, District- West Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Brij Kishor Mishra For the Opposite Party/s : Mr. Sri Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-12-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This is an application for grant of anticipatory bail for the offences punishable under Sections 409,420 and 188/34 of the Indian Penal Code.

It has been submitted on behalf of the petitioner that the petitioner is a Panchayat Secretary and he was asked to submit documents relating to appointments of the Teachers by 22.07.2016. However, the charge of the aforesaid document was not given by the earlier Panchayat Secretary to him but in spite of that the present case has been lodged against the petitioner. It has

Patna High Court Cr.Misc. No.49649 of 2016 (3) dt.20-12-2016 further been submitted that similarly situated co-accused has been granted bail by this Court in Cr. Misc. No. 36872 of 2016 vide order dated 14.09.2016 Heard both sides and in view of the fact that there is specific statement of the petitioner that the charge has not been handed over to him, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of six weeks 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, Bettiah, District West Champaran in connection with Shikarpur P.S. Case No.

241 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure also with condition that the petitioner shall be present before the Court and the police as and when required and in the event of failure on two consecutive dates shall be liable for cancellation of his bail bonds by the court below.