Ram Awdhesh Singh v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.23870 of 2016 Arising Out of PS.Case No. -52 Year- 2016 Thana -DINARA District- SASARAM (ROHTAS) ======================================================
1. Ram Awdhesh Singh Son of Late Ram Subhag Singh, resident of villageGogahara, P.S.- 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, Advocate For the Opposite Party/s : Mr. Parmeshwar Mehta(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 26-05-2016 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, 120, 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.
Patna High Court Cr.Misc. No.23870 of 2016 (2) dt.26-05-2016 It is submitted by the learned counsel for the petitioner that petitioner submitted the folders and certificates in January, 2016 to the extent of charge being given to him. Statement to that effect has been made in para-13 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 Bhanpur and Mednipur Gram Panchayat in the office of Block Education Officer Dinara on 8.01.2016 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. The learned court below will get the said affidavit transmitted to the concerned I.O. The noncooperation in the investigation will give liberty to the learned
Patna High Court Cr.Misc. No.23870 of 2016 (2) dt.26-05-2016 court below to cancel the bail bond of the petitioner. (Dinesh Kumar Singh, J) P.K./- U T