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Kapildeo Prasad vs The State Of Bihar on 8 May, 2019

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
Versus
The State of Bihar

… … Opposite Party/s

Appearance :
For the Petitioner/s : Mr. Pramod Kumar Verma
For the Opposite Party/s : Mr. Ajay Mishra

CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA
JAISWAL
ORAL ORDER

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

Code.

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
2/2

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

2019.

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)
mantreshwar/-

U T

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