IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4833 of 2010 KISHORI PASWAN, Son of Late Tetar Pawan, resident of village-Dayal Pali, P.S.-Khajauli, District-Madhubani. …………Petitioner. Versus 1. The State of Bihar. 2. Sanjay Kumar Thakur, Son of Shiv Shankar Thakur, resident of village- Kalana, P.S.-Harlakhi, District-Madhubani. ……….Opp. Parties. ----------- 4/ 07.04.2010 Heard counsel for the petitioner and the counsel appearing for the State. Earlier, prayer for anticipatory bail on behalf of petitioner Kishori Pawan was rejected. A fresh application has been filed with a prayer to grant anticipatory bail and for this purpose several official documents have been brought on record to show that the period during which the occurrence is said to have been committed, petitioner was not posted at Harlakhi Gram Panchayat. In the year 2006, by the order dated 15th February, 2006 he was transferred from Rajnagar to Harlakhi, but the Panchayat Secretary, posted there did not hand over charge and again vide order dated 17.06.2006, he was transferred to Kalana and asked to take charge there by 24.11.2006. Counsel for the petitioner submits that for a limited period of time he was posted at Harlakhi. During that period also he never discharged his duties and, as such, charge was not handed over to him. In this circumstance, his name has been implicated falsely. Being the government servant he will suffer - 2 - irreparable loss, as he surrenders in the court below. Counsel for the petitioner submits that his relevant facts could not be brought in the court on earlier occasion, for this prayer was rejected. Considering these facts, prayer for anticipatory bail on behalf of the petitioner namely Kishori Paswan is allowed. He is directed to be released on anticipatory bail, in case of his surrender within 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 Chief Judicial Magistrate, Madhubani, in connection with Harlakhi P.S. Case No. 130 of 2008 subject to the condition laid down under Section 438(2) Cr. P.C. The petitioner will co-operate with the investigation. Sanjeet/ (Mridula Mishra, J.)