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Patna High CourtCR. MISC./13404/2017bail granted

Sri Bhagwat Prasad @ Bhagwat Singh v. The State Of Bihar

2017-07-21Mr. Justice Rajendra Kumar Mishra2 pages

Patna High Court Cr.Misc. No.13404 of 2017 (6) dt.21-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13404 of 2017 Arising Out of PS.Case No. -127 Year- 2016 Thana -DANIYAWA District- PATNA ====================================================== Sri Bhagwat Prasad @ Bhagwat Singh, Son of Late Bishun Singh, Resident of Village- Yusufpur, P.S.- Khusrupur, District- Patna, at present posted as Panchayat Secretary Gram Panchayat Raj, Salarpur, Daniyawa, P.S.- Daniyawa, District- Patna.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Kaushal Kishore Sinha For the Opposite Party/s : Mr. Sri Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 21-07-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Daniyawa P.S. Case No. 127 of 2016 registered under Section 409 of the Indian Penal Code.

The accusation is that in spite of direction given by the District Programme Officer, Patna, to furnish the applications attached with the attested copy of the certificates along with provisional merit list and final merit list regarding the appointment of Panchayat Teachers of Panchayat Raj Salarpur, the petitioner being Panchayat Secretary did not supply the same. Learned counsel for the petitioner submits that on

Patna High Court Cr.Misc. No.13404 of 2017 (6) dt.21-07-2017 receiving the letter of District Programme Officer, Patna, petitioner supplied the available documents, which would appear from annexure 5 of the 2nd supplementary affidavit and also send the letter dated 24.06.2017 about not receiving the same documents required at the time of taking over the charged which would appear from annexure 6 of the 2nd supplementary affidavit. The details of documents as required at the time of taking charge of Panchayat Secretary to the then Panchayat Secretary, Siyaram is Annexure 2 to the affidavit.

Considering the aforesaid submissions, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate Ist Class, Patna, in connection with Daniyawa P.S. Case No. 127 of 2016, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T