Ram Awdhesh Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23662 of 2016 Arising Out of PS.Case No. -23 Year- 2016 Thana -NATWAR District- SASARAM (ROHTAS) ======================================================

1. Ram Awdhesh Singh son of Late Ram Subhag Singh resident of village - Gogahara, Police Station - Karahgar, District - Rohtas at Sasaram. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Ramji Rai son of Late Jawala Rai the Block Education Officer Dinara, District - Rohtas.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Jitendra Kumar Roy For the Opposite Party/s : Mr. Prem Kr.Jha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 26-05-2016 Heard learned counsels for the the petitioner and the State.

The petitioner being Panchayat Secretary is apprehending arrest in a case registered for the offences punishable under Sections 409,420,120 and 201 of the Indian Penal Code.

The prosecution case is that Vigilance enquiry was initiated in pursuance to an order passed by a Division Bench of this Court in a PIL with regard to illegality committed in the appointment of panchayat teachers. Subsequently, the investigating agency issued direction to the Panchayat Secretaries to submit folders with regard to such

illegal appointment of Panchayat teachers within a time frame. The petitioner failed to submit the folder. It is submitted by the learned counsel for the petitioner that the petitioner was only given charge of application register of 2005-06, 2008-10 and 2014-15 and whatever documents the petitioner was given charge of, have been handed over to the Block Education Officer, Dinara on 8.1.2016.

Considering the nature of accusation, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve 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 learned SDJM, Bikramganj in connection with Natwar P.S. Case No.23 of 2016 subject to the conditions as laid down under Section 438(2) Cr.P.C.

The bail bonds of the petitioner will be accepted on filing of an affidavit by the petitioner before the learned court below that he will regularly cooperate in the investigation. The said affidavit will be transmitted by the learned court below to the concerned I.O. Non cooperation in

the investigation will give liberty to the learned court below to cancel bail bonds of the petitioner.

(Dinesh Kumar Singh, J) Anil/- U T