Bail application dismissed due to six-year absconding causing hampering of government work and loss of documents; ordered for conclusion of trial.
Bail rejected; Trial concluded without unnecessary adjournment.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.15541 of 2022
Arising Out of PS. Case No.-24 Year-2015 Thana- RAGHOPUR District- Vaishali
======================================================
Jitendra Kumar Son of Late Chandeshwar Ram Resident of village - Jaduaa, Kumhar Tola, P.S.- Hajipur Town, District - Vaishali.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Pranav Kumar Jha For the Opposite Party/s : Mr. ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 01-08-2022
Heard learned counsel for the petitioner and the
State.
The case relates to Raghopur P.S. Case No. 24 of 2015 under sections 409 and 353 of the Indian Penal Code.
The case against the petitioner is that while posted as ‘Clerk cum Nazir’ at Raghopur block removed the account register as well as other records related to the ‘Nazarat’ and as a result whereof the documents related to ‘Nazarat’ were unavailable hampering the entire government work. Accordingly, the present FIR was lodged in 2015.
The petitioner being the ‘Nazir cum clerk’ of the said Block despite the lodging of the FIR in 2015, remained absconded for six long years and finally came into the judicial custody only on 14.6.2021 (as stated in para-12 of the bail
Patna High Court CR. MISC. No.15541 of 2022(3) dt.01-08-2022 2/2
application).
Considering the fact that not only the allegation against the petitioner was that he absconded from the office which led to complete hampering of the government work and caused disappearance of the important documents, he absconded for six long years and finally came into judicial custody only in 2021 thus completely stalling the trial, this Court is not inclined to grant him the privilege of bail which is accordingly rejected.
The learned Trial court is directed to conclude the trial without any unnecessary adjournment.
(Rajiv Roy, J)
Ravi/-
U T
1 issue framed by the court
Whether the petitioner is entitled to bail in a case involving disappearance of government records and six years of absconding.
Jitendra Kumar
The State of Bihar
Rajiv Roy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
