Shashi Kumar Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77423 of 2019 Arising Out of PS. Case No.-218 Year-2019 Thana- CIVIL LINE District- Gaya ====================================================== Shashi Kumar Sinha Son of Late Basudeo Narayan, Resident of Village - Bataspur, P.S.- Bodh Gaya, District- Gaya. At present residing at Chandchaura, Ghunghari Tand Mali Bagicha, P.S.- Bishnupad, District- Gaya ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Anuj Kumar For the Opposite Party/s :

Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 28-11-2019 At the very outset, learned counsel for the petitioner submits that due to inadvertence, in the prayer portion of the anticipatory bail petition, it has wrongly been typed as "Addl. District & Sessions Judge-II, Gaya" in place of "Chief Judicial Magistrate, Gaya" and, as such, he prays for making correction. The prayer is allowed.

Learned counsel for the petitioner is permitted to make correction in the prayer portion of the petition in course of the day.

Heard both sides.

The petitioner apprehends his arrest in connection with Gaya Civil Lines P.S. Case No.218 of 2019 registered for the offence under Section 409 of the Indian Penal Code. The informant alleged that the petitioner, who was head clerk-cum- Bench Clerk in the revenue Sections,

Patna High Court CR. MISC. No.77423 of 2019(2) dt.28-11-2019 2/2 Collectorate, Gaya, did not produce the original record of Land Ceiling Case no.14/96-97.

Learned counsel for the petitioner submits that the petitioner retired from his service in the year, 2009 and nothing was due against the petitioner. Without holding any enquiry with regard to fixing the responsibility of missing the record, the petitioner is made accused for missing of record of Land Ceiling Case No.14/96-97 only on the ground that he was Head Clerk -cum-Bench Clerk of the District Revenue Section, Gaya. Taking into consideration the facts aforesaid and nature of allegation made against the petitioner, the petitioner, named above, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on his furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya in connection with Gaya Civil Lines P.S. Case No.218 of 2019, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J.) nawalkrs/- U T