Shiv Pujan Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42557 of 2016 ====================================================== Shiv Pujan Ram, son of Balkaran Ram, resident of Villlage- Amaw, P.S.- Chand, District- Kaimur (Bhabua). .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vinod Kumar Seth, Advocate For the Opposite Party/s : Mr. Sri Nawal Kishore Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 25-10-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for grant of anticipatory bail arises out of Kudra P.S. Case No. 161 of 2016, disclosing offences under Sections 175, 187, 188, 409 and 420 of the Indian Penal Code. Allegation against the petitioner is of not making available to the Vigilance Investigation Bureau team, files and folders relating to appointments to the post of Panchayat Teachers in Sakari Gram Panchayat. Pursuant to an order of this Court dated 18.10.2016, a supplementary affidavit has been filed, stating therein that prior to his posting at Sakari in 2014, he was posted at Sabar Gram Panchayat in Rampur Block of Kaimur district. It has been stated that he had handed over charge of the entire documents, registers and folders relating to appointments made to the post of Panchayat Teachers during the period 2003 to 2014 on his transfer and posting to the present place.

Patna High Court Cr.Misc. No.42557 of 2016 (3) dt.25-10-2016 2/2 Considering the said statement and submission that the petitioner could not make available the documents to Vigilance Investigation Bureau because the same were not handed over to him when he assumed charge of Panchayat Secretary of Sakari Gram Panchayat, this application is allowed.

Let the petitioner, above-named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kaimur (Bhabhua) in connection with Kudra P.S. Case No. 161 of 2016, 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) Vats/-c U T