Shio Pujan Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23502 of 2016 Arising Out of PS.Case No. -84 Year- 2016 Thana -KUDRA District- BHABHUA (KAIMUR) ====================================================== Shio Pujan Ram, son of Sri Bal Karam Ram .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vinod Kumar Seth, Advocate For the Opposite Party/s : Mr. Parmanand Prasad (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 25-05-2016 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 175, 187, 188, 409, 420 of the Indian Penal Code.

Prosecution case is that in pursuance of an order passed by a Division Bench of this Court in a PIL, the Vigilance enquiry was initiated with regard to the illegality committed in the appointment of 'Panchayat Teachers'.

Consequently, the investigating agency directed the Panchayat Secretaries to submit the folders containing certificates of such appointed 'Panchayat Teachers' within the stipulated time frame but the petitioner failed to submit the respective folder.

It is submitted by learned counsel for the petitioner that a statement has been made in paragraph no.8 of the petition that

Patna High Court Cr.Misc. No.23502 of 2016 (2) dt.25-05-2016 2/2 the petitioner could not submit the folders due to the fact that he was not give charge of the same. A further statement has been made in paragraph no.9 of the petition that the petitioner submitted the documents which were available to him on 25.08.2015 in pursuance of the order of superior officers.

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 Judicial Magistrate, Bhabua (Kaimur) in connection with Kudra P.S. Case No.84/2016, subject to the conditions as laid down under Section 438(2) Cr.P.C. The bail bond of the petitioner will be accepted on filing of the affidavit by the petitioner before the learned court below to the effect that he will regularly co-operate in the investigation. Non-cooperation in the investigation by the petitioner will give liberty to the learned court below to cancel the bail bonds of the petitioner.

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