Patna High Court - Orders
Budhi Nath Mishra vs The State Of Bihar on 1 February, 2018
Author: Sanjay Kumar
Bench: Sanjay Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.60956 of 2017
Arising Out of PS.Case No. -317 Year- 2016 Thana -M ADHUBANI TOWN District-
MADHUBANI
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Budhi Nath Mishra son of Late Bishwa Nath Mishra the then Clerk, Office
of the Sub-Divisional Education Officer, Madhubani at present working as
Clerk, District Education Officer, Darbhanga, Resident of Village -
Gangapatti, P.S. - Bahadurpur, District - Darbhanga.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Krishna Kumar
For the Opposite Party/s : Mr. Sri Bhanu Pratap Singh
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CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR
ORAL ORDER
3 01-02-2018Heard learned counsel for the petitioner and learned A.P.P. for the State.
Petitioner apprehends arrest in connection with Madhubani Town P.S. Case No.317 of 2016 registered for the offences under Sections 166A, 175, 409 and 420 of the Indian Penal Code.
It is alleged that this petitioner being Clerk in the office of District Education Officer, Madhubani did not produce the documents before the Vigilance Department for investigation.
It has been submitted that the petitioner was posted at Madhubani from where he was transferred to Darbhanga and on several occasions he tried to hand over charge of his office to the Patna High Court Cr.M isc. No.60956 of 2017 (3) dt.01-02-2018 2 incumbent but nobody was deputed to take his charge. In this regard, the learned counsel for the petitioner referred Annexures 2, 3, 4 and 5 to the application which show that this petitioner tried to hand over his charge on several occasions. The petitioner lastly handed over charge of his office on 08.08.2016 i.e. before lodging F.I.R. of the present case. The petitioner has clean antecedent.
The learned A.P.P. for the State opposed the submission. Considering the facts and circumstances of the case, the prayer for bail is allowed and the above named petitioner in the event of arrest or surrender before the learned court below within six weeks from today, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the likewise amount each to the satisfaction of learned Chief Judicial Magistrate, Madhubani in connection with Madhubani Town P.S. Case No.317 of 2016 corresponding to G.R. No.1759 of 2016, subject to the conditions as laid down under Section 438(2) of Cr.P.C.
(Sanjay Kumar, J) Harish/-
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