Shri Krishna Ram vs The State Of Bihar
2021 Latest Caselaw 3357 Patna

      IN THE HIGH COURT OF JUDICATURE AT PATNA
              CRIMINAL MISCELLANEOUS No.28686 of 2021
    Arising Out of PS. Case No.-84 Year-2016 Thana- BAGHA District- West Champaran
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Shri Krishna Ram, Gender- Male, aged about 52 years, son of late Babulal Ram, resident of village - Jinwaliya, P.S. - Chanpatiya (Sirisiya O.P.), District

- West Champaran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

 For the Petitioner/s    :        Mr. Ansul, Advocate
 For the State           :        Ms. Gulnar Begum, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 13-07-2021

The matter has been heard via video conferencing.

2. The case has been taken up out of turn on the basis

of motion slip filed by learned counsel for the petitioner on

07.07.2021, which was allowed.

3. Heard Mr. Ansul, learned counsel for the petitioner

and Ms. Gulnar Begum, learned Additional Public Prosecutor

(hereinafter referred to as the 'APP') for the State.

4. The petitioner apprehends arrest in connection with

Bagaha PS Case No. 84 of 2016 dated 13.03.2016, instituted

under Sections 420, 409, 188, 353/34 of the Indian Penal Code.

5. The allegation against the petitioner is that he being

the Panchayat Secretary of Gram Panchayat Raj Nadda and

Gram Panchayat Raj Sigari Pipariya in the district of West Patna High Court CR. MISC. No.28686 of 2021 dt.13-07-2021

Champaran, had not submitted the complete record relating to

employment of Panchayat teachers.

6. Learned counsel for the petitioner submitted that

due to various reasons, it was a bona fide omission on the part

of the petitioner in not submitting the relevant documents in

time, but the same was not deliberate as the records had to be

complied. However, without contesting the allegation, it was

submitted that as of now, all the documents have been submitted

to the competent authority i.e., the Block Education Officer,

Bagaha-1, West Champaran, in support of which learned

counsel drew the attention of the Court to Annexure-3, which is

copy of the 'No Dues Certificate' issued by the said officer

dated 15.03.2019. It was submitted that the petitioner is in

service and there has not been any complaint against him in past

and most importantly, there is no allegation of any wrong doing

in the exercise and the allegation is simply that he had not

handed over the concerned records. Learned counsel submitted

that similarly situated co-accused, who are also Panchayat

Secretaries of other Panchayats have been granted anticipatory

bail by coordinate benches; namely, Paras Prasad Yadav, by

order dated 25.07.2019 passed in Cr. Misc. No. 45934 of 2019

and Nagendra Sah by order dated 30.08.2019 passed in Cr.

Patna High Court CR. MISC. No.28686 of 2021 dt.13-07-2021

Misc. No. 54466 of 2019.

7. Learned APP submitted that the petitioner had kept

all the records which clearly shows that he had not discharged

the responsibility of the post he was holding, which is a serious

comment on a public servant.

8. Having considered the facts and circumstances of

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

the event of arrest or surrender before the Court below within

six weeks from today, the petitioner be released on bail upon

furnishing bail bonds of Rs. 25,000/- (twenty five thousand)

with two sureties of the like amount each to the satisfaction of

the learned Additional Chief Judicial Magistrate, Bagaha, West

Champaran, in Bagaha PS Case No. 84 of 2016, subject to the

conditions laid down in Section 438(2) of the Code of Criminal

Procedure, 1973 and further (i) that one of the bailors shall be a

close relative of the petitioner, (ii) that the petitioner and the

bailors shall execute bond with regard to good behaviour of the

petitioner, (iii) that the petitioner shall also give an undertaking

to the Court that he shall not indulge in any illegal/criminal

activity, act in violation of any law/statutory provisions, tamper

with the evidence or influence the witnesses and (iv) that the

petitioner shall cooperate with the Court and the Patna High Court CR. MISC. No.28686 of 2021 dt.13-07-2021

police/prosecution. Any violation of the terms and conditions of

the bonds or the undertaking or failure to cooperate shall lead to

cancellation of his bail bonds.

9. It shall also be open for the prosecution to bring

any violation of the foregoing conditions of bail by the

petitioner, to the notice of the Court concerned, which shall take

immediate action on the same after giving opportunity of

hearing to the petitioner.

10. The petition stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J)

J. Alam/-

AFR/NAFR U T