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Patna High CourtCR. MISC./14414/2017bail granted

Laddu Mandal v. State Of Bihar And ANR

2017-03-27Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14414 of 2017 Arising Out of PS.Case No. -479 Year- 2016 Thana - KOTWALI (ADAMPUR) DistrictBHAGALPUR ====================================================== Laddu Mandal, Son of Late Uni Mandal. Resident of Village- Bhawanpura Post Office + Police Station- Kharik, District- Bhagalpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Director General, Vigilance Investigation Department, Government of Bihar, Patna.

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

For the Petitioner/s : Mr. Ravi Shanker Pankaj, Advocate. For the Opposite Party/s : Mr. Anil Kumar Singh 1, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 27-03-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Kotwali (Adampur) P.S. Case No. 479 of 2016 corresponding to G.R. No. 3193 of 2016 instituted for the offence under Sections 409 and 420 of the Indian Penal Code.

There is allegation against the petitioner that he did not make available education certificate, merit list etc. of the Niyojan of teachers for verification in terms of the order of this Court in CWJC No. 14459 of 2014 It has been submitted on behalf of the petitioner that from paragraphs 6 and 7 of the bail petition, it appears that the petitioner is at present posted as Panchayat Secretary in Sanhaula Block, Distt. Bhagalpur of which the documents were being demanded. It has further

Patna High Court Cr.Misc. No.14414 of 2017 (2) dt.27-03-2017 2/2 been submitted that the petitioner was posted at Sanhaula Block at the time of Niojan of teachers including Jagariya and Sajaur Panchayats. The charges of relevant documents relating to the Niyojan of teachers were not given to the petitioner by the former Panchayat Secretary. It has further been submitted that other accused persons with similar allegation have been granted bail by a coordinate Bench of Court vide order dated 20.3.2017 and 23.3.2017 passed in Cr. Misc. No. 10223 of 2017 and 7916 of 2017 respectively.

Learned counsel for the informant has opposed the prayer for anticipatory bail.

Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Kotwali (Adampur) P.S. Case No. 479 of 2016 corresponding to G.R. No. 3193 of 2016, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur, subject to the conditions as laid down under Section 438 (2) Cr. P.C.

(Sanjay Priya, J) S.Ali/- U T