Ramchandra Prasad Vimal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15048 of 2017 Arising Out of PS.Case No. -1 Year- 2017 Thana -PIPRIYA SAHAYAK District- LAKHISARAI ====================================================== Ramchandra Prasad Vimal, S/o Shri Shivshankar Yadav, R/o Mohalla - Maharajganj, Ward No. 13, P.S. - Madhubani, Distt - Madhubani, Presently posted as Block Education Officer, Pipariya Block, P.S. Pipariya, District - Lakhisarai.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bijay Bhushan Prasad, Advocate For the Opposite Party/s : Smt. Suman Kumari Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 26-04-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Pipariya P.S. Case No. 1 of 2017 instituted for the offence under Section 409 of the Indian Penal Code.

It has been submitted on behalf of the petitioner that he is informant of the case. He lodged First Information Report that some persons are taking the books meant for distribution to the students free of cost. Those persons on query by the police have stated that they have purchased those books from one Karu Saw @ Sri Ram Poddar.

During investigation, the Supervising authority in paragraph-35 of the case diary has stated that the petitioner was

also involved in the aforesaid occurrence.

The learned Sessions Judge after referring about supervision note in paragraph 35 of the case diary, has rejected the prayer for anticipatory of the petitioner. From perusal of the impugned order of the learned Sessions Judge, it appears that besides aforesaid supervision note, there is no other materials available at that stage.

In such circumstances, 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 Pipariya P.S. Case No. 1 of 2017, 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 Shri Naresh Mahto, Judicial Magistrate 1st Class, Lakhisarai, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the

witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Sanjay Priya, J) S.Ali/- U T