Madheshwar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42131 of 2016 Arising Out of PS.Case No. -114 Year- 2016 Thana -FATEHPUR District- GAYA ======================================================

1. Madheshwar Ram son of Surjdeo Ram resident of Village- Hardia, P.S.- Arwal, District- Arwat at present address Panchayat Sachiv, Fatehpur Anchal, Dist- Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Sinha For the Opposite Party/s : Mr. Sri Madhuranand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 03-10-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor, appearing on behalf of the State. This application for grant of anticipatory bail arises out of Fatehpur P.S. Case No. 114 of 2016, disclosing offences under Sections 409,408 and 201 of the Indian Penal Code. The petitioner is Panchayat Secretary of Bhatoura Gram Panchayat in the District of Gaya. It is alleged that he did not make available to the Vigilance Investigation Bureau the relevant folders and documents relating to appointments made to the post of Panchayat Teachers.

The plea, which is being taken on behalf of the petitioner, is that his predecessor did not hand over the charge of the said

folders/files and, therefore, it was not possible for the petitioner to make available the said documents. He submits that the petitioner will make endeavour to obtain charge of the said register/files from his predecessor and make the same available to the Vigilance Investigation Bureau as and when the said documents are handed over to the petitioner.

Considering the above submission, this application is allowed. Let the petitioner above-named, in the event of his arrest/surrender within four weeks from today in the Court below 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 Sri Ramesh Kumar, learned Judicial Magistrate, Ist. Class, Gaya in Fatehpur P.S. Case No. 114 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

ArunKumar/-c (Chakradhari Sharan Singh, J) U