Anil Kumar Singh @ Anil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63728 of 2019 Arising Out of PS. Case No.-58 Year-2016 Thana- KASHICHAK District- Nawada ====================================================== ANIL KUMAR SINGH @ ANIL KUMAR Son of Late Ambika Singh Resident of Village - Merhkuri, P.S.- Meskaur, Distt.- Nawada. Presently Posted as Panchayat Secretary Gram Panchyat Subhanpur and Chandinama under Kashichak Block, P.S.- Kashichak, Distt.- Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Deepak Kumar For the Opposite Party/s :

Mr.Ajay Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 23-10-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 409, 420 and 201 of the Indian Penal Code, registered in connection with Kashichak P.S.Case No. 58 of 2016.

3. It is submitted that the petitioner, who is the Panchayat Secretary of Gram Panchayat Subhanpur and Chandinama under Kashichak Block of Nawada district, has been falsely implicated on the accusation that he did not submit the relevant folders of the appointed teachers to his superior authority. It is submitted that no such folder was handed over to him by his predecessor Panchayat Secretary at the time of his

Patna High Court CR. MISC. No.63728 of 2019(2) dt.23-10-2019 2/3 taking over as Panchayat Secretary on 19.10.2013 and 01.10.2013, respectively, and hence he could not submit the same to the superior authority. The petitioner is accused in one prior case, in which he is on bail.

4. Be that as it may, in the event of petitioner's arrest or surrender before court below within six weeks from the date of communication of this order, let the above named petitioner 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 Sri A.K.Ram, Judicial Magistrate, 1st Class, Nawada in connection with Kashichak P.S.Case No. 58 of 2016, subject to the conditions as laid down under Section 438(2) Cr. P.C. and also subject to the following further conditions: (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) That the petitioner shall remain physically present

Patna High Court CR. MISC. No.63728 of 2019(2) dt.23-10-2019 3/3 in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) HR/- U T