Ram Naresh Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.32029 of 2018 Arising Out of PS.Case No. -140 Year- 2016 Thana -ARIYARI District- SEKHPURA ======================================================
1. Ram Naresh Paswan, S/o Jagdambi Paswan, R/o village- Khushahal Tola, P.S.- Badahiya, P.O.- Badahia, Distt.- Lakhisaray Present - Panchayat Secretary, Gram Panchayat Husainabad Prakhand Ariyari , P.S.- Ariyari (Kesor) Distt.- Shekhpura.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ramji Kumar, Advocate For the Opposite Party/s : Smt. Renuka Ratnakar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 11-07-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner apprehends his arrest in Ariyari (Kasar) P.S. Case No.140 of 2016 instituted for the offence under Section(s) 406, 408, 409, 419, 420, 467, 468, 471/34 Indian Penal Code.
Counsel for the petitioner submits that he was posted in the said Gram Panchayat on 30.01.2015. Copy of the charge report has been enclosed as Annexure-2. It is further submitted that merit list of the Contract Teacher for the period 2003-08 was not handed over to him at the time of taking over charge, which will be apparent from the charge report itself (Annexure-2). Therefore, petitioner could not deposit those documents.
It has been submitted that another co-accused has
Patna High Court Cr.Misc. No.32029 of 2018 (3) dt.11-07-2018 2/2 been granted anticipatory bail by this Court by order dated 04.01.2018 passed in Cr. Misc. No.62649 of 2017. In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Ariyari (Kasar) P.S. Case No.140 of 2016, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the SubDivisional Judicial Magistrate, Sheikhpura, subject to the conditions as laid down under Section 438(2) Cr. P. C.
with further conditions: (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(Sanjay Priya, J) JA/- U T