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Patna High CourtCR. MISC./768/2022allowed

Satyendra Prasad Singh v. The State Of Bihar

2022-07-12Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.768 of 2022 Arising Out of PS. Case No.-60 Year-2019 Thana- ATRI District- Gaya ====================================================== SATYENDRA PRASAD SINGH S/o Late Bindeshwar Yadav R/o villageSakin Chirnikal, P.S.- Atri, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar, Adv.

For the Opposite Party/s :

Mr.Ajay Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-07-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner undertakes to remove the defects within three weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 409 of the Indian Penal Code. The allegation against the petitioner is that he being the Panchayat Secretary did not provide folder of documents regarding selection of Panchayat Teacher in Chakra and Narawat Panchayat for appointment in the year 2003 to 2006. It is submitted by learned counsel for the petitioner that

Patna High Court CR. MISC. No.768 of 2022(2) dt.12-07-2022 2/3 petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case merely on suspicion. It is submitted that petitioner was posted as Panchayat Secretary of Gram Panchayat Narawat in the year 2006 and he has submitted the charges of his assignments to his successor. It is further submitted that petitioner has no criminal antecedent and several similarly situated co-accused persons have been enlarged on anticipatory bail by this Court and co-ordinate Benches of this court vide order dated 02.03.2020 passed in Cr. Misc. No.10082 of 2020, order dated 18.01.2021 passed in Cr. Misc. No.16315 of 2020 and order dated 02.07.2020 passed in Cr. Misc. No.15000 of 2020.

Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, since similarly situated co-accused have been granted bail, 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. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the

Patna High Court CR. MISC. No.768 of 2022(2) dt.12-07-2022 3/3 learned court below where the case is pending/Successor Court in connection with Atri P.S. Case No.60 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) pallavi/- U T