Upendra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80538 of 2019 Arising Out of PS. Case No.-13 Year-2019 Thana- KAUWAKOL District- Nawada ====================================================== UPENDRA PASWAN Son of Late Shiv Paswan Resident of VillageGambhirpur, P.S-Warisaliganj, District-Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 16-12-2019 Heard the learned counsel for the petitioner and the State.

The petitioner seeks bail in anticipation of his arrest in connection with Kauwakol P.S. Case No. 13 of 2019 dated 18.01.2019 instituted for the offences under Sections 419, 420, 467, 468, 471, 120(B) and 34 of the Indian Penal Code.

The allegation against the petitioner is of not having assisted the investigation by the Vigilance Investigation Bureau. The petitioner in his capacity as Panchayat Secretary has not handed over the folder of appointment of Panchayat Teachers.

Learned counsel for the petitioner has submitted that he stood transferred to the aforesaid block only in the year 2012 whereas the appointment

Patna High Court CR. MISC. No.80538 of 2019(2) dt.16-12-2019 2/2 was of the year 2008. The petitioner had not been handed over the charge of those folders and this precisely was the reason for his not handing over the same to the Vigilance Investigation Bureau.

Considering the aforestated facts, the petitioner is directed to be released on bail, 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, on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-1, Nawada in connection with Kauwakol P.S. Case No. 13 of 2019, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Ashutosh Kumar, J) krishna/- U T