Nand Kishore Roy v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5135 of 2017 Arising Out of PS.Case No. -151 Year- 2016 Thana -MUSHAHRI District- MUZAFFARPUR ====================================================== Nand Kishore Roy, son of Late Ramanand Rai, resident of Village and Post Office- Marban, Police Station- Sakra, District- Muzaffarpur. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Pancham Lal Jaiswal For the Opposite Party/s : Mr. Sri Satyadev Prasad Singh Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 18-05-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

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

The petitioner was Clerk in the office from where certain informations were sought for under the Right to Information Act. The petitioner did not supply the informations. When the matter went before the State Commission, the petitioner was saddled with cost of Rs.25,000/- for non-compliance of the requirement of provisions of the Right to Information Act as well as FIR was ordered to be lodged against him.

In my view, the petitioner has already been punished

Patna High Court Cr.Misc. No.5135 of 2017 (5) dt.18-05-2017 for the offence said to be committed. Hence, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-cum-Sub Judge-III, Muzaffarpur/Successor Court in connection with Mushahari P.S. Case No.151 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and subject to the further condition that petitioner shall fully cooperate with the investigation and trial of the case, failing which the Court below shall be at liberty to take steps for cancellation of the bail bonds of the petitioner in this case.

(Birendra Kumar, J) Arvind/- U T