Ramesh Kumar @ Ramesh Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67296 of 2024 Arising Out of PS. Case No.-12 Year-2019 Thana- SAHPUR District- Patna ====================================================== Ramesh Kumar @ Ramesh Singh S/O Late Kapildev Singh R/O Village and P.O- Painal, P.S- Bihta, Distt.- Patna.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajesh Kumar, Advocate For the Opposite Party/s :
Mr. Ajay Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-01-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. Petitioner apprehends arrest in a case registered for the offences punishable under Section 409 of the Indian Penal Code.
3. As per the prosecution case, despite repeated reminder, this petitioner who was Panchayat Secretary, failed to provide educational certificates, pre-educational certificates and the provisional and final merit lists of employed teachers. The required documents from the Sarari Planning unit were not provided due to the indifferent attitude and irresponsibility of the petitioner.
4. It is submitted on behalf of petitioner that petitioner is innocent and committed no offence. The petitioner had taken
Patna High Court CR. MISC. No.67296 of 2024(5) dt.16-01-2025 2/3 charge of panchayat secretary on 15.9.2014 from panchayat secretary Bhagwat Singh on the basis of order given by the collector Patna vide letter No. 741 dated 30.06.2014 and he had already retired on 30.11.2015 from the post and handed over the charge of Umakant Sharma on 02.07.2016 and no any folder or merit list of any person has been made and send in his signature to any authority. The present case has been lodged on 10.01.2019 against Ramakant Prasad, Panchayat secretary Hathiyakand Sarai but during course of investigation, the petitioner has been made an accused in the case on 10.6.2024. Learned counsel lastly submits that the is very old age, sick person and suffering from various disease.
5. Learned A.P.P. for the State vehemently opposes the prayer for anticipatory bail.
6. Considering the aforesaid facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class, Danapur in connection Shahpur P. S. Case No. 12 of 2019,
Patna High Court CR. MISC. No.67296 of 2024(5) dt.16-01-2025 3/3 subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) Amandeep/- U T