Mir Hasan Ansari v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23947 of 2016 Arising Out of PS.Case No. -52 Year- 2016 Thana -DINARA District- SASARAM (ROHTAS) ====================================================== Mir Hasan Ansari son of late Hanif Ansari .... .... Petitioner/s

Versus

State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Jitendra Kumar Roy For the Opposite Party/s : Mr. Parmeshwar Mehta(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 30-05-2016 Heard learned counsels for the petitioner and the State. The petitioner being the Panchayat Secretary is apprehending arrest in a case registered for the offences punishable under Sections 409, 420 and 201/34 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 learned counsel for the petitioner that

Patna High Court Cr.Misc. No.23947 of 2016 (2) dt.30-05-2016 2/2 whatever documents/folders the petitioner was given charge of, have been handed over to the Block Education Officer, Dinara on 31.01.2016.

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 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned SDJM, Bikramganj in connection with Dinara P.S. Case No. 52 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 cancel the bail bonds of the petitioner. (Dinesh Kumar Singh, J) Amrendra/- U T