Tarkeshwar Gown @ Tarkeshwsar Gowr @ Tarkeshwsar Gor v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61361 of 2018 Arising Out of PS. Case No.-275 Year-2017 Thana- RIVILGANJ DistrictSaran ====================================================== Tarkeshwar Gown @ Tarkeshwsar Gowr @ Tarkeshwsar Gor Son of Late Parikshan Gowr, Resident of Village- Aalelkh Tola, P.S. Revilganj, DistrictSaran. ... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Krishna Kumar Singh, Advocate.

For the Opposite Party:

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 25-01-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 420, 467, 468, 471/34 of the Indian Penal Code registered in connection with Revilganj P.S. Case No. 275 of 2017.

3. It is submitted that the petitioner who was the then Mukhiya has been falsely implicated in connection with irregularity appointment of one Kumari Latika on the post of Panchayat Teacher. It is submitted that an appeal before the State Appellate Authority has been preferred by Kumari Latika in Appeal (Case) No. Token No. Appeal/411/2017 which is still pending. It is further submitted that similarly situated co-

Patna High Court Cr.Misc. No.61361 of 2018(4) dt.25-01-2019 2/3 accused Ram Nath Choudhary, the then Panchayat Secretary has been granted anticipatory bail by this Court in Cr. Misc. No. 58612 of 2018. The petitioner claims clean antecedents.

4. Learned APP assisted by learned counsel for the informant appears and has been heard.

5. Be that as it may, having regard to the entirety of the facts and circumstances of the case, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial MagistrateVIII, Chapra, Saran in connection with Revilganj P.S. Case No. 275 of 2017, subject to the conditions as laid down under Section 438

(2) Cr.P.C., and also subject to the following further conditions: (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) The petitioner shall remain physically present in

Patna High Court Cr.Misc. No.61361 of 2018(4) dt.25-01-2019 3/3 Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Ibrar//- U T