Ramchandra Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53838 of 2016 Arising Out of PS.Case No. -41 Year- 2016 Thana -DANDARI District- BEGUSARAI ====================================================== Ramchandra Mahto son of late Shyam Bihari Mahto Resident of village - Chalki Daulatpur, P.S. - Khodabandpur, Dist - Begusarai, at present working as Panchayat Secretary Rajopur, Tetari, P.S. Dandari, Dist - Vaishali.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Sabal Kumar Jha For the Opposite Party/s : Mr. Sri Rajballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 22-12-2016 Heard Mr. Jha for the petitioner and Mr. Singh, APP for the State.

Apprehending his arrest in Dandari P.S. Case No. 41 of 2016 registered under section 409 IPC, the petitioner has filed the present application for grant of anticipatory bail. The allegation is that in spite of directions of the authority, the petitioner being the Panchayat Secretary did not provide the merit list of the selected teachers during the period 2006-15.

Counsel for the petitioner submits that the merit list has been provided to the informant through the registered post on 26.08.2016, but after institution of the case. He has cited the

Patna High Court Cr.Misc. No.53838 of 2016 (2) dt.22-12-2016 2/2 reasons therefor. It is further submitted that co-accused Krishnadeo Jha who also submitted the merit list subsequent to lodging of the FIR, has since been released on anticipatory bail vide order dated 19.12.2016 passed in Cr. Misc. No. 49613 of 2016. The petitioner does not carry any criminal antecedents. Considering the submissions made above, let the petitioner above named, in the event of arrest/surrender within four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned ACJM 3rd, Begusarai in Dandari P.S. Case No. 41 of 2016 on condition that one of the bailors of the petitioner shall be his own/close family member. In the event of framing of charge, the petitioner shall appear in person on each date fixed at the trial. In case of default in doing so on two consecutive dates, the trial court shall have liberty to cancel his bail bonds and secure his arrest in accordance with law. (Kishore Kumar Mandal, J) HR/- U T