Patna High CourtCR. MISC./43334/2016bail granted

Chhathu Ram v. The State Of Bihar

2017-05-10Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43334 of 2016 Arising Out of PS.Case No. -11 Year- 2016 Thana -SANJHAULI District- SASARAM (ROHTAS) ====================================================== Chhathu Ram, Son of Suraj Ram, Resident of village Udai Dehri, P.S. Vikramganj, District Rohtas .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar @ Manu For the Opposite Party/s : Mr. Sri Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 10-05-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 409 and 420 of the Indian Penal Code.

Petitioner is a government servant and was posted as Panchayat Secretary. Allegation is that he did not produce the service record of the teachers appointed on contract basis to the superior authority.

Submission of the petitioner is that petitioner was not posted thereat at the relevant time when appointment was made and service record was prepared. Moreover, this case may be of insubordination of a government servant making him liable for departmental proceeding. However, no criminal act is made out.

Patna High Court Cr.Misc. No.43334 of 2016 (5) dt.10-05-2017 2/2 Considering the aforesaid fact, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, 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 Sessions Judge 1st-cumAdditional Chief Judicial Magistrate, Bikramganj at Rohtas/successor Court in connection with Sanjhauli Police Station Case No. 11 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Kundan/- U T