Nand Kishore Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54424 of 2019 Arising Out of PS. Case No.-669 Year-2018 Thana- BARACHATTI District- Gaya ====================================================== NAND KISHORE PRASAD Son of Late Ram Dev Mahto Resident of Village- Jamuhar, P.O.- Bamaur, P.S.- Mohanpur, District- Gaya. ... ... Petitioner

Versus

1.

The State of Bihar 2.

The Vigilance Investigation Bureau through S.P Vigilance Bihar ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr. Abhay Kumar Thakur Mr. Arvendra Kumar Thakur Miss Sukriti Kumari For the Opposite Party(Vigilance): Mr. Ajay Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 02-09-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Mohanpur (Barachatti) P.S. Case No. 669 of 2018 for the offence punishable under Sections 420, 467, 468, 471, 196, 197, 198, 199, 201 and 120(B) of the Indian Penal Code. The petitioner, at the relevant point of time, was Mukhiya of Sinduar Gram Panchayat. It is alleged that on the basis of forged and fabricated documents, appointment to the post of Panchayat Teachers were made. It is alleged against the petitioner that he had connived in such appointment being Mukhiya of the Gram Panchayat.

Learned counsel appearing on behalf of the petitioner has submitted that no specific role has been attributed

Patna High Court CR. MISC. No.54424 of 2019(2) dt.02-09-2019 2/2 to the petitioner in the First Information Report and there is no chance of the petitioner fleeing away from the course of investigation or trial, if he is allowed privilege of anticipatory bail.

Considering the above submission, this application is allowed.

Let the petitioner above named, in the event of his arrest/surrender within six weeks from today in the Court below, 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 the learned A.C.J.M., Sherghati, Gaya, in Mohanpur (Barachatti) P.S. Case No. 669 of 2018, subject to the conditions as 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 bonds shall be liable to be cancelled.

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