Kamta Paswan v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.24084 of 2016 Arising Out of PS.Case No. -52 Year- 2016 Thana -DINARA District- SASARAM (ROHTAS) ======================================================
1. Kamta Paswan son of Late Musafir Paswan, resident of village-Sirisiya, Police Station- Karaghar, 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, Advocate For the Opposite Party/s : Mr. Dr.M.K.Gautam(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 30-05-2016 Heard learned counsel for the petitioner and the State.
The petitioner being the Panchayat Secretary is apprehending his arrest in a case registered for the offences punishable under Sections 409, 420, 201/34 of the Indian Penal Code.
The prosecution case is that in pursuance of an order passed by a Division Bench of this Court in a P.I.L. with regard to irregularities in appointment of Panchayat Teachers the Vigilance enquiry was initiated. The Vigilance during the enquiry requested the Panchayat Secretaries to submit the respective folders and certificates of the Panchayat Teachers within stipulated time. The petitioner failed to submit the same, as a result the First Information
Patna High Court Cr.Misc. No.24084 of 2016 (2) dt.30-05-2016 Report has been registered.
It is submitted by the learned counsel for the petitioner that petitioner was only given the charge of documents relating to the teachers for the year 2014-15 which was submitted in the office of Block Education Officer, Dinara on 04.01.2016. Statement to that effect has been made in para13 of the petition which reads as follows:- "That later on when the directions were issued by the authorities to provide the folder relating to Teachers Appointment petitioner has submitted received folder of Bisikala and Lilwachh Gram Panchayat in the office of Block Education Officer Dinara on 04.01.2016 as also annexing the photo copy of the handing over of the charge list whatever the documents which was received by petitioner the same has been submitted. "
Considering the nature of accusation, let the above named petitioner be released on bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Bikramganj in connection with Dinara P.S. Case No. 52 of 2016, subject to conditions as laid down under Section 438(2) of the Cr.P.C.
The bail bond of the petitioner shall be accepted by the learned court below on filing affidavit to the effect that he will cooperate during investigation.
Patna High Court Cr.Misc. No.24084 of 2016 (2) dt.30-05-2016 The learned court below will get the said affidavit transmitted to the concerned I.O. The non-cooperation in the investigation will give liberty to the learned court below to cancel the bail bond of the petitioner.
(Dinesh Kumar Singh, J) P.K./- U T