Prabhu Dayal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44046 of 2019 Arising Out of PS. Case No.-26 Year-2019 Thana- TANKUPPA District- Gaya ====================================================== PRABHU DAYAL Son of Bhagirath Pandit, Resident of Fatehpur, P.SFatehpur, District-Gaya. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Mr.Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 17-07-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Tankuppa P.S. Case No. 26 of 2019 registered for offence punishable under sections 420, 406 and 409/34 of the Indian Penal Code.

An F.I.R. has been lodged by the Block Development Officer, Tankuppa stating therein that the petitioner failed to make available the document related to the engagement of Teacher.

The learned counsel for the petitioner submits that the petitioner was posted at Tankuppa during the period of 2007 and this matter relates to earlier period, however, after eleven years of his retirement, the present case has been lodged.

Patna High Court CR. MISC. No.44046 of 2019(2) dt.17-07-2019 2/2 Looking to the facts and circumstances of the case, the prayer for bail of the petitioner is allowed and he, in the event of arrest or surrender before the court below within six weeks from today, is directed to be enlarged on anticipatory bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gaya in connection with Tankuppa P.S. Case No. 26 of 2019, subject to the conditions as laid down under section 438 Cr. PC and also subject to the condition that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. The petitioner will not induce any witness or tamper with the evidence.

The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court. Whenever the Police will call the petitioner for the purpose of interrogation/investigation, he would present himself, In case of failure on two consecutive dates without any valid reason, the prosecution will have liberty to make a prayer for cancellation of his bail before the court below.

(Shivaji Pandey, J) Mahesh/- U T