Ambika Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72805 of 2022 Arising Out of PS. Case No.-115 Year-2016 Thana- BHAGWANPUR District- Kaimur (Bhabua) ====================================================== AMBIKA RAM Son of Late Suryadev Ram R/v- Keshradhi, PostKhairadeep, P.S.- Daudnagar, District- Aurangabad ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajani Kant Pandey For the Opposite Party/s :

Mr. Ajay Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-07-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 409 and 420 of the Indian Penal Code.

The informant alleges that the record relating to recruitment of Panchayat Teacher has not been submitted by the petitioner till date despite last date fixed for submitting is over. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and is aged about 66 years.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case without

Patna High Court CR. MISC. No.72805 of 2022(4) dt.11-07-2023 2/3 appreciating the facts of the case in its correct perspective. It is next submitted that the petitioner joined service as Block Education Officer, Bhagwanpur on 09.04.2007, as such, was not involved with the appointment of Teacher and joined as Block Education Extension Officer, Prakhand Bhagwanpur on 09.04.2022. It is next submitted that the merit list was published prior to his joining of untrained Prakhand Teacher, as such, it was incumbent upon the person who was posted earlier than the petitioner at the place of posting to submit the documents relating to recruitment of Panchayat Teacher. It is further submitted that the petitioner was not issued any show cause nor any explanation was sought, it is thus submitted that had an explanation be called for by the authorities from the petitioner, perhaps, the present FIR would not have been instituted. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner and the fact that the petitioner is a senior citizen, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand)

Patna High Court CR. MISC. No.72805 of 2022(4) dt.11-07-2023 3/3 with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Bhagwanpur P.S. Case No. 115 of 2016 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) HarshPandey/- U T