Vimal Prasad Kunwar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8634 of 2018 Arising Out of PS. Case No.-52 Year-2016 Thana- PATORI District- Samastipur ====================================================== Vimal Prasad Kunwar Son of Ramanand Kunwar Resident of Village- Tanra, P.S. Mohiuddin Nagar, District- Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dilip Kumar Roy For the Opposite Party/s :

Mr. Sri Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 03-04-2018 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Patori (Mohanpur O.P.) P.S. Case No. 52 of 2016 registered for the offence punishable under Sections 406 and 409 of the Indian Penal Code.

The allegation is regarding various officials of the town/ division/ Panchayat, having provided appointment to the teachers without verification of the educational certificates and when they were told to send the folder of the said teachers, they did not send the same before the appropriate authority. The petitioner is said to be the Panchayat Secretary of the Panchayat, Dumari Noth at the relevant time.

The learned counsel for the petitioner submits that while

Patna High Court Cr.Misc. No.8634 of 2018(3) dt.03-04-2018 2/2 the petitioner was posted as Panchayat Secretary, at the relevant time, only two appointments were made and the petitioner has got no role to play in the same. It is further submitted that the petitioner is having a clean antecedent.

Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioner above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Samastipur in connection with Patori (Mohanpur O.P.) P.S. Case No. 52 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) ajay gupta/- U T