Md. Hashim @ Md. Hasim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43295 of 2017 Arising Out of PS.Case No. -61 Year- 2017 Thana -AMAUR District- PURNIA ====================================================== Md. Hashim @ Md. Hasim, Son of SK. Zeaur Rahman, resident of Village- Dalmalpur, Police Station Amour, District- Purnea. At Present Assistant Teacher, Primary School Dalmalpur Kanya, Amour, Police Station- Amour, District- Purnea.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Viveka Nandsingh, Adv. For the Opposite Party/s : Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 21-09-2017 Heard the parties.

This application, for grant of anticipatory bail, arises out of Amour P.S. Case No. 61/2017, disclosing offences under Sections 420, 34 of the Indian Penal Code and section 7 of the Essential Commodities Act.

The petitioner is Assistant Teacher in Primary School Dalmalpur Kanya, Amour, Purnea. Allegedly, the Head-Mistress of the school. According to the case of the prosecution, it was noticed by the villagers that seven bags of rice were being taken away illegally from the school in a Bolero Vehicle. The villagers seized the bags and handed them to the police. Learned counsel appearing on behalf of the petitioner

Patna High Court Cr.Misc. No.43295 of 2017 (2) dt.21-09-2017 2/2 has submitted that the petitioner is not the custodian of the rice and the F.I.R. has been lodged at the instance of the villagers because of local factors.

Considering the facts and circumstances of the case, the application is allowed. Let the petitioner above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Purnea, in connection with Amour P.S. Case No. 61/2017, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

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.

(Chakradhari Sharan Singh, J) Vinita/- U T