Paras Prasad Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45934 of 2019 Arising Out of PS. Case No.-84 Year-2016 Thana- BAGHA District- West Champaran ====================================================== PARAS PRASAD YADAV Son of Raghubar Prasad Yadav Resident of Village - Bajra Bariya, P.S.- Sahodra, Distt - West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar Sinha For the Opposite Party/s :

Mr.Ajay Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 25-07-2019 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Bagaha Police Station Case No. 84 of 2016, disclosing offences under Sections 409/420/188/353/34 of the Indian Penal Code.

The allegation against the petitioner, on the basis of the written report of the Block Education Officer, Bagaha, is that despite repeated demand of the documents, the petitioner being the Panchayat Secretary of three panchayats, did not provide relevant documents relating to the appointment of Teachers for the purpose of enquiry by the Vigilance Department, under the orders of this Court.

Learned Counsel for the petitioner submits that the

Patna High Court CR. MISC. No.45934 of 2019(2) dt.25-07-2019 2/3 petitioner did not have the knowledge about the demand of the documents, however, no sooner than he came to know, he furnished all the relevant documents, as mentioned in Annexure2 to this application. Referring to Annexure-3, he submits that the Block Education Officer has issued a certificate, in which he has accepted that the petitioner, being the Panchayat Secretary of three panchayats, has furnished all the relevant documents, as demanded by the authority.

After having heard learned Counsel for the parties and taking into consideration the fact that documents, as desired by the Vigilance, have been provided by the petitioner, I am inclined to grant the petitioner anticipatory bail. Accordingly, this application is allowed.

Let the petitioner, Paras Prasad Yadav, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Chief Judicial Magistrate, Bagaha, West Chamaparan, in connection with Bagaha Police Station Case No. 84 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

Patna High Court CR. MISC. No.45934 of 2019(2) dt.25-07-2019 3/3 This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √