Dulare Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41618 of 2019 Arising Out of PS. Case No.-183 Year-2016 Thana- BAHERA District- Darbhanga ====================================================== DULARE CHOUDHARY Son of Ram Prasad Chaoudhary Resident of Ward No. 5, Rasalpur Darbhanga, P.S.- Simri, Distt - Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Veena Kumari Jaiswal For the Opposite Party/s :

Mr.Ajay Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 05-07-2019 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Bahera Police Station Case No. 183 of 2016, disclosing offences under Sections 409/420/468/472/120B/34 of the Indian Penal Code.

The allegation against the petitioner, on the basis of the written report of the Block Education Officer, is that the petitioner, in the capacity of Panchayat Secretary of Benipur Panchayat, did not furnish the folders containing the documents of appointments of Panchayat Teachers for the purpose of enquiry to be held by the Vigilance Bureau.

Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in the present case

Patna High Court CR. MISC. No.41618 of 2019(2) dt.05-07-2019 2/3 inasmuch as the petitioner has joined Benipur Panchayat as Panchayat Secretary on 20.06.2011, whereas the alleged appointments were made in the years 2003, 2004, 2005 and 2006, and the petitioner, at the time of his joining in Benipur Panchayat, was not handed over the required folders by his predecessor-in-office and in this regard, the petitioner has already informed to the Block Development Officer, by his letter, dated 02.03.2016 (Annexure-4).

After having heard learned Counsel for the parties and taking into consideration that fact that the appointments relate to the years 2003, 2004, 2005 and 2006 and there is no material on record to show that the petitioner was handed over the folders of appointment of Teachers by his predecessor-in-office during handing over charge to him, this application is allowed. Let the petitioner, Dulare Choudhary, in the event of his arrest or surrender before the Court below within four 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 learned Additional Chief Judicial Magistrate, Benipur, in connection with Bahera Police Station Case No. 183 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

Patna High Court CR. MISC. No.41618 of 2019(2) dt.05-07-2019 3/3 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.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √