Binod Kant Jha @ Binod Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25671 of 2017 Arising Out of PS.Case No. -281 Year- 2015 Thana -BISFI District- MADHUBANI ====================================================== Binod Kant Jha @ Binod Kumar Jha, son of late Hari Mohan Jha, resident of Village- Berma, P.S. Lakhnaur, District- Madhubani. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Kishore Kumar Thakur, Advocate. For the Opposite Party/s : Mr. Mritunjay Kumar Nirala, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 01-07-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Bisfi P.S. Case No. 281 of 2015 corresponding to G.R. No. 333 of 2015 instituted for the offence under Sections 406 and 409 of the Indian Penal Code. There is allegation against the petitioner that he did not hand over paper with regard to the appointment of teachers of Jagban West Panchayat of Bisfy Block.

The learned counsel for the petitioner has submitted that he was transferred from Bisfi Block in the year 2010 and he has handed over the charge of all the relevant papers to Mukhiya on the instruction of B.D.O and, thereafter, he was issued LPC and retired from service with effect from 31.1.2013.

The instant First Information Report has been registered in the year 2015 without calling for any explanation from the informant.

Patna High Court Cr.Misc. No.25671 of 2017 (3) dt.01-07-2017 2/2 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 Bisfi (Patauna) P.S. Case No. 281 of 2015 corresponding to G.R. No. 333 of 2015, 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 learned Additional Chief Judicial Magistrate, Benipatti (Madhubani), 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