High Court Patna High Court - Orders

Mahendra Prasad Yadav vs State Of Bihar on 28 September, 2010

Patna High Court – Orders
Mahendra Prasad Yadav vs State Of Bihar on 28 September, 2010
                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Cr.Misc. No.27081 of 2010
MAHENDRA PRASAD YADAV, son of Nathuni Yadav, resident of village- Pansui, P.S. -
Dulhin Bazar, District - Patna.
                                                             ------------ Petitioner.
                                          Versus
THE STATE OF BIHAR                                        ------ Opposite Party.
                                         -----------

02. 28.09.2010 Heard learned counsel for the petitioner and learned

Additional Public Prosecutor for the State.

Petitioner being ex-Mukhiya is named accused in

this case carries allegation that he and co-accused a panchayat

secretary are continued to keep the official papers which ought

to have been handed over to the successors in office, the very

motive behind it to cancel some illegal appointments of Siksha

Mitra met at the instance of petitioner. It is submitted that the

papers have already been handed over to the successors and

again by them to successors, nothing is kept with the petitioner

nor there is any wrong in any appointment nor any case

appears instituted for such alleged wrongs. Co-accused has

already granted privilege by order dated 15.03.2010 passed in

Cr. Misc. No. 42409/2009 by a Bench of this Court.

Considering the facts and circumstances of the case,

in the event of his arrest/surrender before the court below within

four weeks of receipt of the copy of this order, petitioner,

namely, Mahendra Prasad Yadav, is directed to be released on

bail on furnishing bail bond of Rs. 10,000/- (ten thousand only)

with two sureties of the like amount each to the satisfaction of
2

A.C.J.M. Danapur, Patna, in connection with Dulhin Bazar P.S.

Case No. 11/2009, G.R. No. 211/2009, subject to condition laid

down under Section 438(2) of the Criminal Procedure Code with

additional condition to remain physically present before the

court below on each and every date at least for one year or till

disposal of the case whichever is earlier, in case of failure on

two consecutive dates, the liberty shall be deemed to be

cancelled.

Rajeev/                                               (Akhilesh Chandra, J.)