Rameshwar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55853 of 2019 Arising Out of PS. Case No.-264 Year-2016 Thana- AHIYAPUR District- Muzaffarpur ====================================================== RAMESHWAR SINGH Son of Late Raghunath Singh Resident of VillageDubiyahi, P.S.-Taraiya, District-Muzaffarpur (Retired Panchayat Secretary Jhaphan) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pradhan Murli Manohar Prasad, Mr.Pawan Kumar Singh For the Opposite Party/s :

Mr.Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-11-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Section 409 of the Indian Penal Code. The prosecution case, in short, is that the accused person did not hand over and charge and related documents. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. As per allegation, the documents were not handed over by the petitioner to his successor after his transfer. From Annexure-2, it is evident that the documents of the concerned

Patna High Court CR. MISC. No.55853 of 2019(3) dt.27-11-2019 2/2 Panchayat have already been handed over to the successor of the petitioner. The petitioner has been made accused due to mistake of fact.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur in connection with Ahiyapur P.S. Case No. 264/16, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T