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Shiv Nandan Prasad Yadav vs The State Of Bihar on 19 April, 2019

IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25249 of 2019
Arising Out of PS. Case No.-17 Year-2016 Thana- NARDIGANJ District- Nawada

Shiv Nandan Prasad Yadav Son of Late Parmeshwar Prasad Yadav, Resident
of Village- Mahugai, Police Station- Sitamarhi, District- Nawada, Posted as
Panchayat Secretary at Nardiganj Block, District- Nawada.

… … Petitioner/s
Versus
The State of Bihar

… … Opposite Party/s

Appearance :
For the Petitioner/s : Mr. Jitendra Kumar Roy
For the Opposite Party/s : Mr. Ajay Mishra

CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA
JAISWAL
ORAL ORDER

2 19-04-2019 Heard learned counsel for the petitioners and

learned APP for the State.

The petitioner apprehend his arrest in connection

with Nardiganj P.S. Case no. 17 of 2016 registered under

Sections 420 and 406 of the Indian Penal Code.

Petitioner who happens to be Panchayat Secretary

of Dohda Panchayat is said to have not deposited the folder of

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 this case. As a

matter of fact, he was appointed as Panchayat Secretary of

Dohda Panchayat on 27.01.2016 and his predecessor (Ravi
Patna High Court CR. MISC. No.25249 of 2019(2) dt.19-04-2019
2/2

Shankar Singh) handed him over the charge of said Panchayat

on the said date. Earlier to making over the charge by his

predecessor (Ravi Shankar Singh), he deposited folder including

all the documents on 28.11.2015. No folder is yet to be

deposited by the petitioner of the said Panchayat and no folder

was given to him in charge by his predecessor and moreover

there is no allegation of defalcation against the petitioner, hence

no offence under Section 406 IPC is made out. He has no

criminal antecedent.

On the other hand, learned APP opposed the bail

prayer of the petitioner.

In 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 learned J.M. 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)
rohit/-

U T

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