Arvind Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31757 of 2016 Arising Out of PS.Case No. -80 Year- 2016 Thana -MOTIHARI TOWN DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Arvind Kumar, S/o Devki Nandan Prasad Sharma, resident of villageSahwajpur, P.S.- Kanti, District- Muzaffarpur. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ----------- 26-08-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with East Champaran Town P.S. Case No.80 of 2016/G.R. No.457 of 2016 registered under Sections 420, 467, 468, 471 and 120(B) of the Indian Penal Code.

The accusation is that the petitioner being the District Programme Manager of Women Development Corporation appointed one Planning Manager, one Consultant and three parttime Advocates illegally in the month of September 2015 without jurisdiction.

Learned counsel appearing on behalf of the petitioner

Patna High Court Cr.Misc. No.31757 of 2016 (3) dt.26-08-2016 2/3 submits that the petitioner being the District Programme Manager of Women Development Corporation appointed one person as Planning Manager, one person as Consultant and three part-time Advocates exercising his jurisdiction following the proper procedure but his service was terminated on 01.09.2015 by the Managing Director, Women Development Corporation, Bihar, Patna. The aforesaid order was challenged by the petitioner before this Court vide C.W.J.C. No.14798 of 2015 and the aforesaid writ application was allowed vide order dated 01.10.2015 by quashing the termination order dated 01.09.2015 of the petitioner giving liberty to the authorities of the Corporation to proceed against the petitioner regarding the allegation as made against him, if necessary, in accordance with law but the Social Welfare Department, Government of Bihar, Patna, instead of holding an enquiry with regard to the allegation as made against the petitioner, lodged the present case with an ulterior motive on 24.01.2016.

Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the

Patna High Court Cr.Misc. No.31757 of 2016 (3) dt.26-08-2016 3/3 Chief Judicial Magistrate, Motihari, East Champaran, in connection with East Champaran Town P.S. Case No.80 of 2016/G.R. No.457 of 2016, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T