The Patna High Court granted anticipatory bail to a retired Panchayat Secretary arrested or facing arrest in a foul play case under Sections 409/34 IPC, noting his retirement and the delay in filing the FIR.
Application for anticipatory bail allowed. Petitioner to be released on bail bond of Rs. 25,000 with two sureties subject to conditions.
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.10541 of 2020
Arising Out of PS. Case No.-180 Year-2018 Thana- AKBARPUR District- Nawada
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SHYAM SUNDAR SINGH S/o Late Mishri Singh R/o village- Pacheya, P.S.Nardiganj, District- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Sheo Kumar Prasad For the Opposite Party/s : Mr.Rana Randhir Singh ======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER
2 23-06-2020 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor representing the State, through Video Conferencing.
This application, for grant of anticipatory bail, arises out of Akbarpur Police Station Case No. 180 of 2018, disclosing offences under Sections 409/34 of the Indian Penal Code.
The allegation against the petitioner, who was the Panchayat Secretary of Paijuna Gram Panchayat, is that he did not submit the folders relating to appointment of contractual teachers to the Block Development Officer.
Learned Counsel for the petitioner submit that the petitioner has not committed any offence in the manner alleged inasmuch as the petitioner retired on 15.07.2016 and had handed over the entire charge to one Muneshwar Prasad and the present
Patna High Court CR. MISC. No.10541 of 2020(2) dt.23-06-2020 2/3
First Information Report has been lodged on 20.07.2018. He, referring to Annexure 3, submits that similarly situated coaccused persons have been granted anticipatory bail by this Court, by order, dated 25.09.2019, passed in Criminal Misc. No. 60320 of 2019.
Having regard to the submissions made on behalf of the parties and taking into consideration the fact that the petitioner has handed over the charge in the year 2016 after his retirement and the present First Information Report has been lodged in the year 2018 and further similarly situated coaccused persons have been granted bail by this Court, I am inclined to grant the petitioner privilege of anticipatory bail.
This application is, accordingly, allowed.
Let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks from today, be released on bail on furnishing bail bond of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Nawada, in connection with Akbarpur Police Station Case No. 180 of 2018, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure and also subject to the following further conditions:-
Patna High Court CR. MISC. No.10541 of 2020(2) dt.23-06-2020 3/3
(i) That one of the bailors shall be a close relative of the petitioners.
(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial.
(iii) That the petitioners shall cooperate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.
(iv) That the petitioners shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned.
(Anil Kumar Sinha, J.)
Prabhakar Anand/-
U √ T √
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner, who has retired and handed over charge prior to the FIR, in a case involving Sections 409/34 IPC.
1 provisions across 1 enactments
Shyam Sundar Singh
Anil Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
