Patna High CourtCR. MISC./10087/2017bail granted

Santosh Kumar @ Santosh Kumar Singh v. The State Of Bihar

2017-03-09Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10087 of 2017 Arising Out of PS.Case No. -40 Year- 2016 Thana -DEO District- AURANGABAD ====================================================== Santosh Kumar @ Santosh Kumar Singh S/o Ram Parvesh Singh, R/o Village Parsawan, P.S. Simra, District-Aurangabad .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Singh For the Opposite Party/s : Mr. Sri Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 09-03-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Deo P.S. Case No. 40/16 instituted for the offence under sections 409, 420, 188 of the Indian Penal Code.

It is submitted on behalf of the petitioner that he was not posted as a Panchayat Secretary on the relevant date in the concerned block for which period the merit list was demanded. It is alleged in the written report that this petitioner did not supply the merit list prepared for appointment of block teachers for verification which was prepared in the year 2003, 2005, 2006 and 2008.

There is specific statement made by the petitioner in paras 9 and 12 that this petitioner was posted as Panchayat

Patna High Court Cr.Misc. No.10087 of 2017 (2) dt.09-03-2017 2/2 Secretary of Basdiha on 17.8.2013 and had taken charge of Panchayat Secretary of Basdiha Panchayat from Ramanand Singh on 17.8.2013. The petitioner was not given charge of the papers/documents with regard to the appointments of panchayat teachers between 2003-2008 by his predecessor, Ramanand Singh. The petitioner has enclosed typed copy of charge report which is (Annexure-2).

Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner named above, within six weeks from today, in connection with Deo P.S. Case No. 40/16, he shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Aurangabad, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Sanjay Priya, J) Ravi/- U T