Jag Mohan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.67492 of 2018 Arising Out of PS. Case No.-69 Year-2018 Thana- UDWANTNAGAR District- Bhojpur ====================================================== Jag Mohan Singh, Son of Late Jagan Singh, Resident of Village-Medapur, Poilice Station Jagadishpur, Distt.-Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar, Advocate For the Opposite Party/s :

Mr. Vinod Shankar Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 06-12-2018 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Udwant Nagar P.S. Case No. 69 of 2018 registered for the offences punishable under Sections 409 and 420 of the Indian Penal Code.

The petitioner was Panchayat Secretary-cum-Member Secretary, Niyojan Ikai Bakri - Piyaniya, Udwant Nagar, Asni District Bhojpur and it is alleged that in spite of several directions of higher official he did not provide Folder regarding appointment of teachers.

Submission on behalf of the petitioner is that petitioner joined in the aforesaid Block and took charge on 14.7.2015 and subsequently handed over charge on 5.3.2017

Patna High Court Cr.Misc. No.67492 of 2018(2) dt.06-12-2018 2/2 and the charge reports have been annexed as Annexure 3 and Annexure 4 to the petition.

Learned counsel appearing for the petitioner submitted that the aforesaid charge reports show that the required Folders were not handed over to the petitioner while he was taking charge from one Harendra Singh. He further submitted that moreover, the aforesaid Folders were not prepared when the petitioner was serving in the aforesaid Block. Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of his arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds 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 in Udwant Nagar P.S. Case No. 69 of 2018 subject to conditions as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) Spd/- U T