The High Court at Patna granted anticipatory bail to the petitioner, who apprehended arrest in connection with PS. Case no. 294 of 2016 involving offences under Sections 406 and 420 of the Indian Penal Code, subject to specific surety and compliance conditions.
Petitioner released on bail of Rs. 10,000 with two sureties of like amount each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.12839 of 2017
Arising Out of PS.Case No. -294 Year- 2016 Thana -MAKHDUMPUR District- JEHANABAD ====================================================== Vivek Kumar @ Vivek Prasad son of late Gurudayal Prasad resident of village - Hasanpur, P.S.Ghosi, Dist - Jehanabad, the then Panchayat Secretary, Makarpur Presently working as Panchayat Secretary at Kako Block Jehanabad.
.... .... Petitioner Versus The State of Bihar. .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Shankar Kumar For the Opposite Party/s : Mr. Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER
4 04-07-2017 Heard learned counsel for the petitioner and the learned
A.P.P. for the State.
The petitioner apprehends his arrest in connection with Makhdumpur P.S. Case no. 294 of 2016 registered under Sections 406 and 420 of the Indian Penal Code.
The accusation is that one Nagendra Kumar sought information under R.T.I Act in connection with employment of Mokarpur Panchayat teacher. Thereafter, a letter was sent to the petitioner by informant then Panchayat Secretary of the said Panchayat supplied wrong information that the paper regarding the employment of Makarpur Panchayat teacher was not handed over to him by the earlier Panchayat Secretary. On enquiry, it was found that the appointment of Panchyat Teacher was made in the tenure of the
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petitioner.
Learned counsel for the petitioner submits that, in fact, the relevant paper was sent to by then Mukhiya to Block Education Officer for verification and same was returned later on, when petitioner came to know about the fact then he approached to the then Mukhiya, who handed over the paper to the petitioner, thereafter, he submitted the same on 14.12.2016 to B.D.O. It would appear from Annexure-6 to Supplementary affidavit that Block Development Officer, Makhdumpur supplied the information to Nagendra Kumar, who sought information of the relevant papers sending the copy of letter vide Memo No. 717, dated 31.05.2017 to State Information Commissioner, Patna.
Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Mehanabad in connection with Makhdumpur P.S. Case No. 294 of 2016, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Rajendra Kumar Mishra, J)
manish/-
U T
2 issues framed by the court
Whether the petitioner is eligible for anticipatory bail in connection with charges under Sections 406 and 420 IPC.
Whether conditions should be imposed on the grant of anticipatory bail.
2 provisions across 2 enactments
Vivek Kumar
The State of Bihar
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
