Rajendra Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77176 of 2019 Arising Out of PS. Case No.-13 Year-2019 Thana- KAUWAKOL District- Nawada ====================================================== Rajendra Prasad Son of Ganauri Yadav Resident of Village - Parariya (Pakariya), P.S. - Sirdala, District - Nawada (Panhayat Sachiv of Gram Panchayat- Lalpur) ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr.Ajay Mishra, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-02-2020 Heard learned counsel for the petitioner as well as learned counsel for the State.

Petitioner apprehends arrest in a case registered for the offences punishable under Sections 420/34 Indian Penal Code and other allied sections of the Indian Penal Code. Learned counsel for the petitioner submits that even at the time of taking over charge, the earlier Panchayat Secretary Damodar Singh had not handed over charge to him (the petitioner) with respect to any record and folder of Niyojit Teachers, to which the appointment was held in 2008 of Lalpur Panchayat. He further submits that the authorities, without verification and calling for explanation, made him accused. Petitioner has got no criminal antecedent.

Learned counsel for the Vigilance opposes the prayer for bail.

Considering the facts of the case, let the petitioner, above named, in the event of arrest/surrender before the Court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like

Patna High Court CR. MISC. No.77176 of 2019(2) dt.17-02-2020 2/2 amount each to the satisfaction of the Additional Chief Judicial Magistrate I, Nawada in Kowakole Police Station Case No. 13/2019, on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T