Ganesh Prasad Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.20709 of 2017 Arising Out of PS.Case No. -391 Year- 2016 Thana -AMARPUR District- BANKA ======================================================
1. Ganesh Prasad Mandal S/o- Late Jodhan Mandal, Resident of VillageDhanaura, P.S.- Ekchari, District- Bhagalpur. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Praveen Kumar For the Opposite Party/s : Mr. M.Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 10-08-2017 Heard Mr. Kumar for the petitioner and Mr. Dayal APP for the State.
Apprehending his arrest in connection with Amarpur (Fullidumar) P.S. case no. 391 of 2016, registered under Sections 166-A, 409/34 of the IPC, the petitioner has prayed for anticipatory bail.
The B.E.O. had lodged the case that in spite of instructions/directions, the petitioner did not furnish the relevant papers concerning the employment/engagement of teachers. It is submitted with reference to Annexure-2 that the petitioner, on transfer, had already made over charge of all the relevant files to the new incumbent. For this reason, he could not comply with the instruction/directions. If there is non- compliance of the instructions, the petitioner may be liable for departmental
Patna High Court Cr.Misc. No.20709 of 2017 (5) dt.10-08-2017 2/3 proceeding but not for a criminal proceeding. It is also submitted that some other accused persons having identical allegations have been privileged with anticipatory bail.
Mr. Dayal, while opposing the prayer, points out that the appellant has been evading arrest.
Considering the facts and circumstances of the case, in the event of his arrest/surrender before the Court below within a period of 04 weeks from today, petitioner, named above, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M. Banka, in connection with Amarpur (Fullidumar) P.S. case no. 391 of 2016, subject to the condition as laid down under Section 438(2) of the Cr.P.C.with further following conditions:
(1) One of the bailors shall be the own/close family member of the petitioner.
(2) No sooner the charges are framed in the case, the petitioner shall appear in person on each date fixed at the trial. In case of defaults on two consecutive dates, the trial Court
Patna High Court Cr.Misc. No.20709 of 2017 (5) dt.10-08-2017 3/3 shall cancel the bail bond of the petitioner and secure his arrest (Kishore Kumar Mandal, J) Shyam/- U T