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Patna High CourtCR. MISC./58093/2024bail granted

Narendra Kumar Singh @ Narendra Kumar v. The State Of Bihar

2024-09-18Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58093 of 2024 Arising Out of PS. Case No.-2 Year-2023 Thana- PIPRAHI District- Sheohar ====================================================== Narendra Kumar Singh @ Narendra Kumar S/O Late Munsi Singh R/O Village- Nayagaon, p.s- Desri, District- vaishali presently District program officer (Establishment) Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhaskar Shankar, Advocate For the Opposite Party/s :

Mr. Ajay Mishra, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-09-2024 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offence punishable under Section 409 of the Indian Penal Code.

3. Allegation against the petitioner is of not handing over the documents related to the appointment of block teacher Smt. Ganga Kumari. Petitioner was Secretary, Block Teacher Appointment Unit, Piprahi at the relevant time.

4. Learned counsel for the petitioner submits that petitioner was posted in Piprahi Block from 2004 to 2009 and he handed over the charge to the incumbent, namely, Usha Kumari on 26.08.2009 in which he handed over the entire record of the office including the proceeding register of 2006.

Patna High Court CR. MISC. No.58093 of 2024(2) dt.18-09-2024 2/3 Thereafter, Usha Kumari was transferred and she handed it over to the next incumbent. He further submits that petitioner was transferred from the post of B.E.O., Pirahi in the year 2009 and the investigation of the case by the Vigilance Department was initiated in the year 2016 and at that time petitioner was not custodian of the said record. It is next submitted that proceeding register for appointment of Block Teacher of the year 2006 was available in the office till 2015 which is evident from the charge report of the year 2015 (Annexure-2) and thus petitioner has been falsely been implicated in this case. Petitioner claims clean antecedent.

5. Learned A.P.P. for the State vehemently opposed the bail application.

6. Considering the backdrop of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Sheohar in connection with Piprahi P. S. Case No. 02 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal

Patna High Court CR. MISC. No.58093 of 2024(2) dt.18-09-2024 3/3 Procedure.

(Prabhat Kumar Singh, J) Navya/- U T