Patna High CourtCR. MISC./1133/2017bail granted

Kamleshwari Mahton v. The State Of Bihar

2017-01-13Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1133 of 2017 Arising Out of PS.Case No. -74 Year- 2016 Thana -BEERPUR District- BEGUSARAI ====================================================== Kamleshwari Mahton S/o Munshi Lal Mahto, R/o village- Sakrauli, P.S. Chiraya Bariarpur, District-Begusarai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Kumar Singh For the Opposite Party/s : Mr. Md. Sufiyan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-01-2017 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is apprehending his arrest in connection with Birpur P.S. Case No. 74 of 2016 for the offences instituted under Sections 420 and 409 of the Indian Penal Code. The allegation against the petitioner is that being retired Panchayat Secretary, he has concealed certain facts, which were necessary for smooth running of the department. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. He has falsely been implicated in the present case due to mistake of fact. The petitioner is a retired Panchayat Secretary. Vide Annexure-2 to the present application, the petitioner has already submitted the

Patna High Court Cr.Misc. No.1133 of 2017 (2) dt.13-01-2017 2/2 relevant documents in respect to the appointment of the Panchayat teachers to the competent authority. On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Birpur P.S. Case No. 74 of 2016 on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri Amit Anand, .J.M. 1st Class, Begusarai, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J.) Amit/- U T