Banshi Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25670 of 2018 Arising Out of PS. Case No.-88 Year-2017 Thana- MANER District- Patna ====================================================== Banshi Singh, S/o- Sri Anant Rai, Co- Secretary Gram Panchayat Vitta Chouhattar East, R/o- Anandpur, P.S.-Bihata, District- Patna. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Hari Mohan Mishra, Advocate For the Opposite Party/s :

Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 17-12-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in connection with Maner P.S. Case No. 88 of 2017 for the offence under Sections 409 and 420 of the Indian Penal Code. In the instant case, case diary was called for. Learned counsel for the State submits that from perusal of the case diary it would be evident that in the instant case without any sanction of law and without approval of the higher authority appointment letter was issued by the petitioner as Panchayat Secretary.

Learned counsel for the petitioner submits that Panchayat Secretary is not the appointing authority and appointment was done in the camp.

Considering the aforesaid fact, the Court is not inclined to grant anticipatory bail to the petitioner. Accordingly,

Patna High Court Cr.Misc. No.25670 of 2018(6) dt.17-12-2018 2/2 the prayer for grant of anticipatory bail is rejected. In the event, the petitioner surrenders before the court below and prays for regular bail, the court below is directed to dispose of the application for grant of bail on the same day on its own merit without being influenced by the rejection of anticipatory bail application by this Court.

(Anil Kumar Upadhyay, J) uday/- U T