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
The State of Bihar
… … Opposite Party/s
For the Petitioner/s : Mr. Jitendra Kumar Roy
For the Opposite Party/s : Mr. Ajay Mishra
CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA
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
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
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)