Akadashi Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38455 of 2016 Arising Out of PS.Case No. -23 Year- 2016 Thana -CHAND District- BHABHUA (KAIMUR) ====================================================== Akadashi Ram, son of Late Gajadhar Ram, resident of village Kathiyan, P.S. Kodra, District Kaimur, at present of Gram Panchayat Sevak-cumSecretary, Gram Panchayat Teacher Niyojan Samitee Sirhira Panchayat, P.S. Chand, Dist. Kaimur .... .... Petitioner

Versus

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

For the Petitioner : Mr. Anil Kumar Singh, Advocate For the Opposite Party : Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 19-09-2016 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 175, 420, 409, 120(B) and 201 of the Indian Penal Code registered in connection with Chand P.S. Case No. 23 of 2016.

3. It is submitted that the petitioner has been falsely implicated as he had been posted as the Panchayat Sachiv, Sirihira Gram Panchayat during the period from 2010 upto 30.06.2014, on which date he had handed over charge and all the documents to his successor Panchayat Sachiv one Matwar Ansari. It is therefore submitted that the petitioner was not liable to produce the folders required under the various notices issued subsequently.

4. Having regard to the entirety of the facts and circumstances, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten

Patna High Court Cr.Misc. No.38455 of 2016 (2) dt.19-09-2016 thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhabua at Kaimur, in connection with Chand P.S. Case No. 23 of 2016 (G.R. No. 613 of 2016), subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the following further conditions- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii)That the petitioner shall cooperate with the investigation and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(iv) That the petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Chandran/BT U T