Arjun Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25465 of 2016 Arising Out of PS.Case No. -11 Year- 2016 Thana -KASMA District- AURANGABAD ====================================================== Arjun Singh S/o Sri Jainandan Singh R/o Vill Ramnagar, P.S. Obra, District - Aurangabad, presently posted as Panchayat Secretary, Gram Panchayat Baghora Prakhand, Rafiganj, Aurangabad.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 23-06-2016 The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 409 and 420 and 188/34 of the Indian Penal Code.

The prosecution case is that the vigilance enquiry was initiated in pursuance to an order of a Division Bench of this Court passed in a PIL with regard to illegal appointment of Panchayat Teachers, consequently the investigating agency directed all the Panhayat Secretaries to submit folder, educational certificates and other documents with regard to illegal appointment of panchayat teachers, but the petitioner failed to submit the same.

It is submitted by learned counsel for the petitioner

Patna High Court Cr.Misc. No.25465 of 2016 (2) dt.23-06-2016 2/3 that the petitioner was not given charge of the folder with regard to such appointment of panchayat teachers. Statement to that effect has been made in Para-13 of the petition which reads as follows:- "That from perusal of the list of charge taken by the petitioner, it would be apparent that the petitioner was not given the charge of the papers/documents with regards to the appointment of the Panchayat teachers as well as the proceeding registers of the year 2003, 20052006 and the year 2012-2013 and several others charges."

It is further submitted that intimation was given to the Block Development Officer, Rafiganj.

Considering the nature of accusation of the petitioner, let the petitioner above named be released on anticipatory bail, in the event of his arrest or surrender before the 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 Judicial Magistrate 1st Class, Aurangabad in connection with Kasma P.S. Case No. 11 of 2016 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

Patna High Court Cr.Misc. No.25465 of 2016 (2) dt.23-06-2016 3/3 The bail bonds of the petitioner will be accepted by the learned court below on filing affidavit to the effect that he will co-operate in the investigation. The non-cooperation in investigation will give liberty to the learned court below to cancel the bail bonds of the petitioner.

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