Jai Jai Ram Singh And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.30194 of 2017 Arising Out of PS.Case No. -133 Year- 2016 Thana -UDAKISHANGANJ District- MADHEPURA ======================================================
1. Jai Jai Ram Singh Son of- Bechan Singh, resident of VillageAlamnagar, P.S.- Alamnagar, District- Madhepura. Panchayat Secretary Gram Panchayat Laxmipur, Biri Ranpal, P.S.- Ud-Kishunganj, DistrictMadhepura.
2. Ajeet Kumar Singh, Son of- Late Priyabat Narain Singh, resident of Village- Bardaha, P.S.+ Distict- Madhepura, at present Gram Panchayat Secretary Rampur Khora and Gopalpur, P.S.- Udakishunganj, DistrictMadhepura.
3. Indrabhushan Prasad Singh, Son of- Narendra Prasad Singh, resident of Village- Saropatti, P.S.- Singheshwar, District- Madhepura, at present Gram Panchayat Secretary, Laskari, P.S.- Uda- Kishunganj, District-Madhepura. .... .... Petitioner/s
Versus
1. The State of Bihar
2. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shekhar Kumar Singh For the Opposite Party/s : Mr. Sri Sanjay Kumar Tiwary 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 03-08-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in Udakishunganj P.S. Case No. 133 of 2016 instituted for the offence under Sections217, 420, 409, 34 of the Indian Penal Code. As per written report the petitioners being Panchayat Secretaries, did not submit the folders of education certificates of different contract teachers, merit list in spite of direction of District Programme Officer for the period 2003, 2005, 2006, 2012.
It has been submitted that petitioner Nos. 1 & 2 have already deposited the document on 22-06-2016 and 18-01-2017 respectively and receipt in support of the same has also been filed on behalf of the petitioners which is annexed as Annexure-2 to this petition. It has further been submitted that the petitioner No. 3 joined the concerned Gram Panchayat on 13-09-2013 and informed the concerned authority that their predecessors have not handed over the required documents. It has also been submitted that with similar allegation, the other co-accused have been granted anticipatory bail by this court vide order dated 07-07-2017 passed in Cr. Misc. No. 29840 of 2017.
In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioners named above in the event of their arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with in Udakishunganj P.S. Case No. 133 of 2016 to the satisfaction of learned Sub Divisional Judicial Magistrate, Udakishunganj, Madhepura subject to condition as laid down u/S 438(2) of the Cr.P.C. with further conditions (bailors should be local having sufficient immovable property within the jurisdiction
of the court concerned, (2) petitioners 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 petitioners tamper 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 petitioners.
(Sanjay Priya, J) A.K.V./- U T