Kamal Kishore Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35302 of 2017 Arising Out of PS.Case No. -161 Year- 2016 Thana -BAKHRI District- BEGUSARAI ====================================================== Kamal Kishore Choudhary, Son of Ram Suresh Choudhary, Resident of Village- Fateha, P.S.- Bachhwara, District- Begusarai. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Sandip Kumar Gautam, Advocate For the Opposite Party : Mr. Sri Parmeshwar Mehta (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 11-08-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner apprehends his arrest in connection with Bakhri P.S. Case No. 161 of 2016, registered for the offences punishable under Sections 175, 188, 353 of the Indian Penal Code. Allegedly, the petitioner being Panchayat Secretary did not provide the service records of the teachers, who were appointed.

Submission is of false implication and that no criminal offence is made out against the petitioner, the records which were available have already been produced and which are not available have not been produced and moreover this is a case of insubordination of government servant. Similarly situated co-

Patna High Court Cr.Misc. No.35302 of 2017 (2) dt.11-08-2017 2/2 accused Dinesh Prasad Sahani @ Dinesh Sahani @ Dinesh Prasad has been allowed pre-arrest bail passed in Cr. Misc. No. 22012 of 2017 vide order dated 18.05.2017 by another co-ordinate bench of this Court and, as such, the petitioner deserves sympathetic consideration.

The learned A.P.P. is not in a position to distinguish the case of the petitioner from that co-accused. In the facts and circumstances as stated above, the petitioner in the event of his arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Begusarai, in connection with Bakhri P.S. Case No. 161 of 2016, subject to the conditions as laid down in section 438(2) of the Cr.P.C.

(Jitendra Mohan Sharma, J.) Rajiv/- U T