Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.12956 of 2012 ====================================================== Harishchandra Pandey, S/o Shri Hari Kant Pandey, resident of Village- Borwal (Bankatwa), P.S.- Bagaha, District- West Champaran at present Panchayat Secretary, Narkatiaganj Block, District- West Champaran .... .... Petitioner Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 29-03-2012 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State. The petitioner apprehends his arrest in connection with a case instituted for the offence punishable under [STATUTE] . The F.I.R. has been instituted against five persons including the petitioner. The allegation in the F.I.R. is that the accused persons though being transferred from their respective places of posting did not handover charge. It is submitted that the petitioner was posted as Panchayat Secretary at Baithania Bhanachak Panchayat from where he was transferred to Narkatiaganj Block, but since no one was ready to take charge, he could not handover the charge earlier. He filed a petition before the B.D.O., Majhoulia, West Champaran on 12.10.2011 informing him that he tried to handover charge to Sri Chandradeep Ram, the Panchayat Secretary, but he refused to take charge. The F.I.R. was lodged immediately thereafter on 15.10.2011. Further contention is that the petitioner has Patna High Court Cr.Misc. No.12956 of 2012 (2) dt.29-03-2012 2 already handedover charge to Sri Chandradeep Ram on 26.11.2011. Another co-accused having identical allegation has already been granted anticipatory bail by order dated 25.1.2012 passed in Cr. Misc. No 2358 of 2012 by another Bench of this Court. Be that as it may, considering the facts and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the Court below within a period of four weeks from the date of receipt/communication of this order, be released on bail on furnishing bail bonds of Rs.-10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bettiah, District- West Champaran in connection with Majhoulia P.S. Case No. 307 of 2011, subject to the condition as laid down under Section 438 (2) Cr.P.C. as also on the following conditions:- (i) That both the bailors will be close relative of the petitioner who will give separate affidavit giving genealogy as to how he is related with the petitioner. (ii) That the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him to disclose such facts to the court or to any other authority. (iii) That he shall remain present before the court on the dates fixed for hearing of the case. If he wants to remain absent, then he will take prior permission of the court and in Patna High Court Cr.Misc. No.12956 of 2012 (2) dt.29-03-2012 3 case of compelling and unavoidable circumstances for remaining absent, he will immediately inform the court and request that he may be permitted to be present through the counsel. (iv) That liberty is given to the State to make an appropriate application for modifying/recalling the order granting bail, if for any reason, the petitioner violates any of the conditions imposed by this Court. P.K./- (Ashwani Kumar Singh, J)

Applicable IPC Section: 188

Statute Text:
Section 188 of the Indian Penal Code. Disobedience to an order lawfully promulgated by a public servant, If such disobedience causes obstruction, annoyance or injury to persons lawfully employed. Whoever, knowing that, by an order promulgated by a public servant lawfully empowered to promulgate such order, he is directed to abstain from a certain act, or to take certain order with certain property in his possession or under his management disobeys such direction, shall, if such disobedience causes or tends to cause obstruction, annoyance or injury, or risk of obstruction, annoyance or injury, to any persons lawfully employed, be punished with simple imprisonment for a term which may extend to one month or with fine which may extend to two hundred rupees, or with both; and if such disobedience causes or tends to cause danger to human life, health or safety, or causes or tends to cause a riot or affray, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.