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Patna High CourtCR. MISC./60229/2023allowed

Ramashankar Prasad Sharma v. The State Of Bihar

2023-10-16Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60229 of 2023 Arising Out of PS. Case No.-299 Year-2023 Thana- LAHERIMUHALLA District- Nalanda ====================================================== Ramashankar Prasad Sharma S/o Bachchan Prasad Sharma R/o MohallaMangla Asthan Road, Opp. Bazar Samiti, Ps. Laheri, Dist. Nalanda. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Rajeev Kumar, Advocate.

For the Opposite Party/s :

Mr. Pawan Kumar Chaurasia, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 16-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Laheri P.S. Case No. 299 of 2023 dated 15.05.2023 instituted under Sections 406, 409, 420 of the Indian Penal Code.

3. As per the prosecution case, the allegation against the petitioner is that during his service period he has not handed over the charge of original record of Misc. Case No.93 of 201617 and it appears that he has disappeared the said document.

4. Learned counsel for the petitioner submits that the petitioner had done 40 years of his service having no allegation against him. He further submits that when he was in service he had put that file on the table of the Circle Officer on his oral

Patna High Court CR. MISC. No.60229 of 2023(2) dt.16-10-2023 2/2 order. He also submits that the premises of the office was changed and the said file may be misplaced during the said shifting of the office. Learned counsel submits that the petitioner is not involved in the disappearance of said file. He further submits that the antecedent of petitioner is clean and he is ready to co-operate in the investigation.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount to each to the satisfaction of the learned C.J.M., Nalanda (Biharsharif) in connection with Laheri P.S. Case No. 299 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973. (Sunil Dutta Mishra, J.) Ritik/- U T