Satya Narayan Hazara v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.69214 of 2018 Arising Out of PS. Case No.-35 Year-2016 Thana- DHANAHA District- West Champaran ====================================================== Satya Narayan Hazara Son of Dhanesh Hazara Resident of VillageBaishakhawa, Police Station Gopalpur,Distt.-West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Milind Kumar Mishra For the Opposite Party/s :
Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 18-12-2018 A supplementary affidavit has been filed during the course of the arguments.
Let it be taken on record.
Heard the learned counsel for the petitioner and the State.
The petitioner, who is the Panchayat Secretary of Kathar Panchayat in the district of West Champaran, seeks bail in anticipation of his arrest in connection with Dhanaha P. S. Case No. 35 of 2016 dated 19.03.2016 instituted for the offences under Section 409 of the Indian Penal Code. Under the orders of this Court, an investigation was conducted with respect to the genuineness of the
Patna High Court Cr.Misc. No.69214 of 2018(2) dt.18-12-2018 2/3 appointments of the Panchayat Teachers till about 2012. For the aforesaid purpose, Panchayat Secretaries of different Panchayats were asked to furnish records of appointments.
As against the petitioner, the allegation is that despite reminders to him, he did not provide the records of the Panchayat so that the allegations with respect to forged appointments could be properly investigated.
Learned counsel for the petitioner has submitted that the records which was required to be given was of the year 2012, whereas the petitioner became the Panchayat Secretary in 2014.
Be that as it may, whatever records were available in the Panchayat Office has now been provided to the investigating agency. This fact has been brought on record by way of supplementary affidavit.
Mr. Ajay Mishra, learned advocate for the State has however submitted that he has no information with respect to the aforesaid furnishing of the records. In any view of the matter, considering the nature
Patna High Court Cr.Misc. No.69214 of 2018(2) dt.18-12-2018 3/3 of accusation as also taking into account that some of the similarly situated persons have been granted anticipatory bail, the petitioner, above-named, is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Bagaha, Wes Champaran in connection with Dhanaha P. S. Case No. 35 of 2016, subject to the conditions as laid down under Section 438 (2) Cr.P.C.
(Ashutosh Kumar, J) skm/- U