IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30374 of 2019
Arising Out of PS. Case No.-17 Year-2016 Thana- NARDIGANJ District- Nawada
Kapildeo Prasad Son of Late Binda Mahto, Resident of Village Bhatta P.S.
Kashichak, District- Nawada.
… … Petitioner/s
The State of Bihar
… … Opposite Party/s
For the Petitioner/s : Mr. Pramod Kumar Verma
For the Opposite Party/s : Mr. Ajay Mishra
CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA
2 08-05-2019 Heard learned counsel for the petitioner and the
learned A.P.P. for the State.
The petitioner apprehends his arrest in a case
registered under Sections 420 and Section406 of the Indian Penal
Petitioner who happens to be Panchayat Secretary
of Koshla Panchayat is said to have not deposited the folder of
the appointment of Panchayat teachers till 15.02.2016.
It is submitted by learned counsel for the petitioner
that the petitioner is quite innocent and has committed no
offence. He has been falsely implicated in the case. He has
deposited the folder on 10.03.2016 instead of 15.02.2016. The
Block Education Officer has also certified the aforesaid
Patna High Court CR. MISC. No.30374 of 2019(2) dt.08-05-2019
deposit of the folder by the petitioner as evident from the
impugned order. There is no allegation of any defalcation
against the petitioner, hence no offence under Section 406 IPC
is made out. Petitioner has no criminal antecedent. Shiv
Nandan Prasad Yadav, Panchayat Secretary of Dohda
Panchayat has been enlarged on anticipatory bail by this Court
vide order dated 19.04.2019 passed in Cr. Misc. No. 25249 of
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 learned Judicial
Magistrate 1st Class, Nawada in connection with Nardiganj P.S.
Case No. 17 of 2016, subject to the condition as laid down
under Section 438 (2) of the Cr.P.C.
(Prakash Chandra Jaiswal, J)