Rajesh Kumar @ Sadhu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17656 of 2018 Arising Out of PS. Case No.-123 Year-2016 Thana- KAKO District- Jehanabad ====================================================== Rajesh Kumar @ Sadhu, Son of Kailash Yadav, Resident of Village- Mahadeo Bigha, P.S.- Makhdumpur, District- Jehanabad. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Ganga Paswan (Panchyat- Sachiv Pinjaura) son of Late Amrit Paswan, VillKhapura, P.S.- Kako, Dist- Jehanabad. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Umesh Kumar For the Opposite Party/s :

Mr. Sri Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 21-06-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Kako P.S. Case No. 123 of 2016 instituted for the offence under Section(s) 420, 409, 467, 468 and 471 of the Indian Penal Code.

It is submitted on behalf on the petitioner that he has no concern with aforesaid teacher, namely, Ashok Kumar. He has never joined in the Primary School Kumardiha. The case has been lodged without proper enquiry and issuing any show cause notice either to this petitioner or Ashok Kumar. It is mentioned in the written report that this petitioner was working as teacher on the basis of certificate of Ashok Kumar.

In the facts and circumstances of the case, prayer of the

Patna High Court Cr.Misc. No.17656 of 2018(4) dt.21-06-2018 2/2 petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Kako P.S. Case No. 123 of 2016, he shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-cumSub-Judge-IV, Jehanabad, subject to the conditions as laid down under Section 438(2) Cr. P. C. with further conditions:(1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) shyambihari/- U T