Sheonath Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.5009 of 2018 Arising Out of PS. Case No.-53 Year-2016 Thana- KESARIA District- East Champaran ====================================================== Sheonath Ram S/o Mathura Ram R/o Vill.- Bhagwanpur, P.S.- Pipra Distt.- E. Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dhannjay Kumar No. 2, Advocate For the Opposite Party/s :
Mr. Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 27-02-2018 Heard learned counsel for the petitioner and the State.
The petitioner apprehends arrest in Keshariya P.S. Case No. 53 of 2016 instituted for the offence under Sections 175,188,408 of the IPC.
Allegation in the written report is that this petitioner while posted as Panchayat Secretary did not supply the papers with regard to appointment of Contract Teachers when the same was demanded by letter dated 01.02.2016, in terms of the order of the Director Primary Education. The informant demanded all certificate of contract teachers to check genuineness of certificates produced by them but the same was not furnished by the petitioner.
Learned counsel for the petitioner has submitted that he was not posted as Panchayat Secretary at the relevant time in
Patna High Court Cr.Misc. No.5009 of 2018(3) dt.27-02-2018 2/3 the year 2008, when the appointment took place. He has taken charge as Panchayat Secretary in the year 2016, in support of which he has enclosed his joining letter at annexure-2 to this petition. It has been further submitted that after taking charge he wrote several letters to different authorities in this regard, which is enclosed as annexure-3 series to this petition that folder of appointed contract teachers were not handed over to this petitioner.
In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner, named above, in the event of his arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Keshariya P.S. Case No. 53 of 2016 to the satisfaction of the learned Chief Judicial Magistrate, East Champaran at Motihari subject to condition as laid down u/S 438 (2) of the Cr. P.C. with further conditions (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 dated fixed by the court and absence on two consecutive dates without proper
Patna High Court Cr.Misc. No.5009 of 2018(3) dt.27-02-2018 3/3 and reasonable reason, will automatically cancel bail bonds of the petitioner and (3) if the 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) khushbu/- U T