Single-judge oral order granting anticipatory bail to a Panchayat Secretary apprehending arrest in a criminal case involving misconduct allegations pending vigilance enquiry.
Petitioner may be released on anticipatory bail on furnishing a ₹10,000 bond with two sureties in the event of arrest or surrender.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.20400 of 2016
Arising Out of PS.Case No. -85 Year- 2016 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR ====================================================== 1. Bed Prakash Singh @ Ved Prakash Singh S/o Late Dharamvirn Singh Resident of Village- Balha, PS Bihpur, District Bhagalpur. .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Bhaskar Shankar For the Opposite Party/s : Mr. Dr. Ajit Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 11-05-2016 The petitioner being Panchayat Secretary is apprehending his arrest in a case registered for the offences punishable under Sections 409, 420 of the Indian Penal Code.
The prosecution case is that the vigilance enquiry was initiated in pursuance to the order passed in PIL wherein the petitioner was proposed to submit folders with regard to the appointment of panchayat teachers to the vigilance investigating agency but on non-submission of the folders the F.I.R was registered.
It is submitted by learned counsel for the petitioner that petitioner did not submit those folders which were not given to him and whatever folders were given to him, it was submitted by the petitioner. Though prior to the present case Nathnagar(Madhusudanpur) P.S. Case No. 54 of 2016 was registered with similar accusation wherein the petitioner has
Patna High Court Cr.Misc. No.20400 of 2016 (2) dt.11-05-2016
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been granted anticipatory bail. It is further submitted that similarly situated co-accused have been granted anticipatory bail by a coordinate Bench of this Court vide Cr. Misc. No. 18285 of 2016.
Considering the aforesaid facts, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, 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 learned Chief Judicial Magistrate, Bhagalpur in connection with Kotwali(Adampur) P.S. Case No. 85 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J)
Shageer/-
U T
1 issue framed by the court
Whether the petitioner, a Panchayat Secretary apprehending arrest in a criminal case, should be granted anticipatory bail.
Bed Prakash Singh
The State of Bihar
Dinesh Kumar Singh
As recorded by the court registry
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