Ganga Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54980 of 2021 Arising Out of PS. Case No.-36 Year-2016 Thana- SIMRI District- Darbhanga ====================================================== GANGA PASWAN S/o Jagat Paswan R/o village- Bahadurpur, P.S.- Bahadurpur, District- Darbhanga ... ... Petitioner/s
Versus
THE STATE OF BIHAR .. ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shailendra Kumar Jha, Adv.
For the Opposite Party/s :
Mr. Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 19-05-2022 Heard Mr. Shailendra Kumar Jha, learned counsel for the petitioner and Mr. Mohammed Arif, learned Additional Public Prosecutor for the State.
Petitioner seeks regular bail in connection with Simri PS Case No. 36/2016 registered for the offence punishable under Sections 175, 176, 188 of the IPC. Later on Sections 406, 408 and 409 IPC were added.
The allegation against the petitioner as per First Information Report is that the petitioner did not produce the documents relating to appointment of Panchayat teachers to Vigilance Bureau for enquiry of the concerned documents. Learned counsel for the petitioner submits that the petitioner, allegedly, did not produce the documents relating to appointment of Panchayat teachers for the years 2003, 2005, 2006, 2007 and 2010 whereas the petitioner joined as Panchayat
Patna High Court CR. MISC. No.54980 of 2021(2) dt.19-05-2022 2/3 Sewak in the concerned Panchayat in the year 2011 and remained there up to the year 2016. At the relevant point of time, petitioner was not posted as Panchayat Sewak in the said Panchayat.
Learned counsel next submits that petitioner is in custody since 14.07.2021 and the charge-sheet has already been submitted in the matter. It is further submitted that at the time of joining the charge of the document was not handed over to the petitioner by his predecessors.
Regards being had to the submissions made by the parties and taking into consideration the fact that at the relevant point of time, the petitioner was posted as Panchayat Sewak in the said Panchayat, there is no material to show that the charge of the document was handed over to the petitioner by his predecessors, petitioner is in custody since 14.07.2021 and the charge-sheet has already been submitted in the matter, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, GANGA PASWAN be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-4th , Darbhanga in connection with Simri PS Case No. 36/2016
Patna High Court CR. MISC. No.54980 of 2021(2) dt.19-05-2022 3/3 bearing CRI 1286/2016.
(Anil Kumar Sinha, J) perwez U T