Sri Gulsan Chaudhary @ Gulchand Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73326 of 2024 Arising Out of PS. Case No.-295 Year-2019 Thana- TEKARI District- Gaya ====================================================== Sri Gulsan Chaudhary @ Gulchand Chaudhary S/O Late Ganauri Chaudhary R/O Village- Bhore, P.S- Mufasil, District- Gaya. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. N.K Agrawal, Sr. Advocate Mr. Vishwa Ranjan Choudhary, Advocate Mr. Kumar Rajdeep, Advocate Mr. Arvind Kumar, Advocate For the Opposite Party/s :
Mr. Ajay Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 11-11-2024
1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for grant of anticipatory bail apprehending his arrest in connection with Tekari P.S. Case no. 295 of 2019, registered under section 409 of Indian Penal Code.
3. As per the prosecution case, the petitioner who happened to be the Panchayat Secretary, is said to have not deposited the relevant documents including the merit list, application register together with the application ie the total folder file with respect to appointment of Niyojit Teachers. Hence the FIR.
4. Learned Senior counsel appearing for the
Patna High Court CR. MISC. No.73326 of 2024(2) dt.11-11-2024 2/3 petitioner submits that the petitioner has been falsely implicated in the case only for the reason that at the relevant time he happened to be the Panchayat Secretary. As per the petitioner's case, no such documents were given in his custody. No offence is made out under any provisions of the Code. The petitioner, who is a retired person, undertakes to cooperate in the case.
5. The application for anticipatory bail is opposed by learned A.P.P appearing for the State, who submits that besides the petitioner having criminal antecedent, he has filed this application for anticipatory bail after about 5 years delay of registration of the FIR.
6. Having heard learned counsel for the parties and taking into consideration the nature of allegation against the petitioner in the F.I.R, according to which the petitioner is said to have not deposited the folder file with respect to appointment of Niyojit Teachers, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Tekari P.S. Case no. 295 of 2019 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount
Patna High Court CR. MISC. No.73326 of 2024(2) dt.11-11-2024 3/3 each to the satisfaction of the learned Additional Chief Judicial Magistrate-VIth, Gaya.
(Partha Sarthy, J) Shiv/- U T