Sita Ram Marandi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9089 of 2017 Arising Out of PS.Case No. -53 Year- 2016 Thana -AMARPUR District- BANKA ====================================================== Sita Ram Marandi, Son of Sri Taj Marandi, Resident of VillageBangalgarh, P.S.- Katoria, District- Banka. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar Jha, Advocate For the Opposite Party/s : Mr. Sri Rajkishore Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 09-03-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner, apprehending his arrest in connection with Amarpur P.S. Case No. 53 of 2016 registered for the offences punishable under Sections 409 and 166A of the Indian Penal Code, seeks the privilege of pre-arrest bail. The Block Education Officer, Amarpur lodged this case against the petitioner who is the Panchayat Secretary of Bharko Panchayat alleging that the petitioner and others did not submit folders, files and registers with regard to the appointment of Panchayat Teachers.

Submission is of false implication and that after institution of the case, the petitioner submitted all the documents related with regard to the appointment of Panchayat Teachers in Bharko Panchayat and the Block Education Officer, Amarpur vide

Patna High Court Cr.Misc. No.9089 of 2017 (2) dt.09-03-2017 2/2 Letter No. 126 informed the S.H.O., Amarpur that the petitioner has already submitted the entire documents with regard to the appointment of Panchayat Teachers in the aforesaid Gram Panchayat. The co-accused Bhrigu Nandan Pandit in the identical case has been allowed pre-arrest bail vide Criminal Miscellaneous No. 46555 of 2016 by order dated 01.12.2016 by another coordinate Bench of this Court.

The learned A.P.P. submits that from Annexure-3 it reveals that the petitioner has already deposited all the papers regarding appointment of Panchayat Teachers before the Block Education Officer, Amarpur.

In the facts and circumstances as stated above, the petitioner, in case of his arrest or surrender within four weeks from the date of receipt/production of the copy of this order, shall be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka in connection with Amarpur P.S. Case No.53 of 2016, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Jitendra Mohan Sharma, J) Vats/- U T