Ram Pravesh Yadav @ Ram Pravesh ... vs The State Of Bihar
2021 Latest Caselaw 1083 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No.31791 of 2020
          Arising Out of PS. Case No.-60 Year-2019 Thana- ATRI District- Gaya
======================================================

Ram Pravesh Yadav @ Ram Pravesh Prasad Singh @ Ram Pravesh Prasad, aged about 55 years (Male) Son of Karu Yadav, resident of village - Nighai, Police Station- Konch, District- Gaya.

... ... Petitioner/s Versus The State of Bihar,

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shailesh Kumar, Advocate For the State : Mr. Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 22-02-2021

Heard Mr. Shailesh Kumar, learned counsel for the

petitioner and Mr. Humayou Ahmad Khan, learned Additional

Public Prosecutor (hereinafter referred to as the 'APP') for the

State.

2. The petitioner apprehends arrest in connection with

Atri PS Case No. 60 of 2019 dated 15.02.2019, instituted under

Section 409 of the Indian Penal Code.

3. The allegation against the petitioner and many other

co-accused is that they, at the relevant time, between the year

2003-2006, were holding the post of Panchayat Sachiv but had

not submitted the roster file folder containing application form, Patna High Court CR. MISC. No.31791 of 2020 dt.22-02-2021

receiving register, merit list and selection list relating to

employment of teachers.

4. Learned counsel for the petitioner submitted that the

said dispute has been raised after 12 years from the date of

occurrence and further that though the petitioner had submitted all

the files at the relevant point of time, no receipt was given to him.

Learned counsel submitted that the petitioner is a Government

servant having no criminal antecedent. It was further submitted

that similarly situated co-accused Ambika Prasad Singh @

Ambika Prasad Sinha has been granted anticipatory bail by a co-

ordinate Bench on 02.03.2020 in Cr. Misc. No. 10082 of 2020 and

co-accused Kishori Chaudhari @ Kishori Chaudhary has also

been granted anticipatory bail by the co-ordinate Bench on

02.07.2020 in Cr. Misc. No. 15000 of 2020.

5. Learned APP submitted that there is specific

allegation of not submitting any document relating to the

employment of the relevant period and this clearly shows that

there was irregularity and when the petitioner himself admits that

no receiving was given to him while submitting the documents, it

is obvious that he does not dispute the fact that nothing is

available with him to show that he has submitted the said

documents.

Patna High Court CR. MISC. No.31791 of 2020 dt.22-02-2021

6. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, the Court

is not inclined to grant pre-arrest bail to the petitioner.

7. Accordingly, the application stands dismissed.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T