Lalan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1991 of 2018 Arising Out of PS. Case No.-239 Year-2017 Thana- MADANPURA District- Aurangabad ====================================================== Lalan Singh, Son of Biran Singh, resident of Village- Dihra, P.S. Obra, District- Aurangabad.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajesh Kumar Singh, Adv.

For the Opposite Party/s :

Mr. J. N. Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 16-01-2018 Heard learned Counsels for the petitioner and learned APP for the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 409/420 of the Indian Penal Code.

It is alleged that the petitioner being Panchayat Secretary of Ghoradihri Block has neither supplied the information sought under the Right to Information Act as directed by State Information Commission, Bihar, District Magistrate and Sr. Deputy Collector, Aurangabad, nor has handed over the charge, though he was transferred in 2013 to Daudnagar. It is submitted by learned counsel for the petitioner that the petitioner was transferred in 2013 and after being transferred, he handed over the complete charge, when the FIR has been registered in 2017. A statement has been made in paragraph no.3

Patna High Court Cr.Misc. No.1991 of 2018(2) dt.16-01-2018 2/2 of the petition that the petitioner is not having any criminal antecedent.

It is submitted by Mr. J. N. Thakur, learned APP for the State that the petitioner has not only deliberately disobeyed the orders of the superior officials with regard to supply of information sought under the Right to Information Act, but also has not handed over the charge after being transferred. Considering the nature of accusation with regard to nonsupply of information as well as handing over the charge for which the FIR has been lodged with inordinate delay of four years, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Madanpur P.S. Case No. 239 of 2017 in connection with learned CJM, Aurangabad, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Ashwini/- U T