Subodh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8819 of 2022 Arising Out of PS. Case No.-58 Year-2016 Thana- SHEOHAR District- Sheohar ====================================================== SUBODH KUMAR SINGH SON OF SHRI NARAYAN SINGH (THEN PANCHAYAT SECRETARY, PANCHAYAT RAJ- KHAIRWADARP) R/O VILLAGE- WARD NO.17, NEAR HAJARINATH SHIV MANDIR, RING BANDH LAXMANANAGAR, P.S.- SITAMARHI, DISTRICTSITAMARHI ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

VIGILANCE INVESTIGATION BUREAU, PATNA (BIHAR) BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Hans Lal Kumar, Adv For the Opposite Party/s :

Mr. Pramod Kumar Pandey, APP For the Vigilance :

Mr. Rana Vikram Singh, Spl.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-08-2022 Heard learned counsel for the petitioner, learned counsel for the Vigilance and learned APP for the State. Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. The petitioner apprehends his arrest in a case registered for the offence punishable under section 188 and 420 of Indian Penal Code.

Allegedly, F.I.R. had been directed to be lodged against those Panchayat Niyojan Ikai (Teacher appointments unit) of

Patna High Court CR. MISC. No.8819 of 2022(3) dt.16-08-2022 2/3 Sheohar Block who have never submitted records regarding Niyojit teachers of Primary, Middle and Nagar Panchayat Schools since 2006 till now for Vigilance enquiry as per directions of Hon'ble High Court, Patna. On the basis of the same F.I.R. has been registered against the petitioner. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature.

He further submits that before the filing of present case, petitioner was transferred to another place therefore, he could not submit the said documents, later on, the petitioner handed over all the documents on 23.09.2016 to the Block Education Officer, which is also mentioned in annexure-3 of the bail application. Petitioner has no criminal antecedent, as also mentioned in para-3 of the bail application. Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, since the petitioner has handed over the said documents to the concerned authority, let the above named petitioner be released

Patna High Court CR. MISC. No.8819 of 2022(3) dt.16-08-2022 3/3 on bail, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in Sheohar P.S. Case No.58 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) shikha/- U T