Kashi Nath Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67136 of 2024 Arising Out of PS. Case No.-66 Year-2016 Thana- CHARPOKHARI District- Bhojpur ====================================================== Kashi Nath Singh Son of Late Budha Yadav Resident of Village- Panapur, P.S.- Jagdispur, Distt.- Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Surendra Kumar Singh, Advocate For the Opposite Party/s :
Dr.Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 22-10-2024 1.
Heard learned Counsel for the petitioner and learned APP for the State.
2.
This application, for grant of anticipatory bail, arises out of Charpokhri PS case no. 66 of 2016, disclosing offences punishable under Section 409 and other allied sections of the Indian Penal Code.
3.
The First Information Report is lodged by the Block Education Officer, Charpokhri (Bhojpur), stating therein that in compliance of the orders passed by the Hon'ble High Court, the Panchayat Secretaries were directed to submit folder having details about the Teacher's appointment under the Panchayat Employment Unit since 2003 but despite repeated directions, the accused person did not comply with the direction and they failed to submit the required folder, which is
Patna High Court CR. MISC. No.67136 of 2024(2) dt.22-10-2024 2/3 in violation of the Hon'ble Court's order.
4.
Learned Counsel for the petitioner submits that petitioner is not named in the First Information Report. The petitioner retired in the year 2012 and had handed over charge to the new incumbent and after getting 'No Objection' from the Office, he is being paid his pension regularly since 2012. Learned counsel further submits that the F.I.R. was lodged in the year 2016 against named accused person but after lapse of two years, in 2018, the supervising authority implicated the petitioner in the present case, for the reason that the petitioner had not provided the folder, as directed.
5.
Regard being had to the submissions made on behalf of the parties and taking into consideration the fact that the petitioner is not named in the First Information Report and he retired much earlier i.e. in the year 2012, I am inclined to grant the privilege of anticipatory bail to the petitioner. 6.
This application is, accordingly, allowed.
7.
Let petitioner, abovenamed, in the event of his arrest or surrender before the Court below within six weeks, 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 Chief Judicial Magistrate, Bhojpur at Ara
Patna High Court CR. MISC. No.67136 of 2024(2) dt.22-10-2024 3/3 in connection with Charpokhari PS case no. 66 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J) rinkee/- U T