Mantush Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.2419 of 2017 (2) dt.28-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2419 of 2017 Arising Out of PS.Case No. -41 Year- 2016 Thana -DANDARI District- BEGUSARAI ====================================================== Mantush Kumar, Son of Ramchandra Rai, Resident of Village-Kumharso, P.S.- Garhpura, Dist-Begusarai, at Present Working as Panchayat Secretary Dansari, Dandari Block, Dist.-Begusarai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sabal Kumar Jham, Advocate. For the Opposite Party/s : Mr. Smt. Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 28-02-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Dandari P.S. Case No. 41 of 2016, registered under Section 409 of the Indian Penal Code.

The accusation is that petitioner being the Panchayat Secretary of Dandari did not furnish the merit list regarding appointment of Panchayat Teachers, in spite of direction given by the B.E.O., Block Dandari, Begusarai as issued in the light of the order of District Education Officer, Begusarai. Learned counsel for the petitioner submits that due to illness, petitioner could not submit merit list in respect to

Patna High Court Cr.Misc. No.2419 of 2017 (2) dt.28-02-2017 appointment of Panchayat Teachers but later on, petitioner submitted merit list to the District Programme Officer (Sthapna), Begusarai, through letter no. 5 dated 24.08.2016, which would appear from annexure 2 to the supplementary affidavit. Having regard to the facts and circumstances of the case, 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 six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-III, Begusarai, in connection with Dandari P.S. Case No. 41 of 2016, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T