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Patna High Court - Orders

Ram Bachan Ram @ Sri Ram Bachan vs The State Of Bihar on 31 July, 2018

Author: Sanjay Priya

Bench: Sanjay Priya

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   Criminal Miscellaneous No.39543 of 2018
                      Arising Out of PS.Case No. -135 Year- 2016 Thana -DEHRI TOWN District- SASARAM
                                                           (ROHTAS)
                  ======================================================
                  1. RAM BACHAN RAM @ SRI RAM BACHAN, son of late Bigu Ram,
                      resident of village - Malwar, P.S. Sheo Sagar, District - Rohtas at
                      Sasaram.
                                                                      .... .... Petitioner/s
                                                   Versus
                  1. The State of Bihar.
                                                                 .... .... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     : Mr. Babu Nandan Prasad, Advocate
                  For the Opposite Party/s : Mr. Anand Kishore Choudhary, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA
                  ORAL ORDER

3/   31-07-2018

Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Dehri (Town) P.S. Case No.135 of 2016 instituted for the offence under Section(s) 409 Indian Penal Code.

Allegation against petitioner is that he being the Panchayat Secretary of Gram Panchayat Pahleja did not deposit the documents related to Panchayat Teachers at Block Resources Centre, Dehri, in 2016.

Counsel for the petitioner submits that petitioner is suffering from paralysis and he is completely bedridden. There is no arrangement for keeping the documents safely after the documents are deposited at Panchayat level. The petitioner has Patna High Court Cr.M isc. No.39543 of 2018 (3) dt.31-07-2018 2/2 not committed any offence.

In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Dehri (Town) P.S. Case No.135 of 2016, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Sub- Divisional Judicial Magistrate, Dehri, subject to the conditions as laid down under Section 438(2) Cr. P. C. with further conditions: (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) JA/-

Rohit Kr.

U        T