Phuleshwar Singh @ Phuleshwar Pd. Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17218 of 2017 Arising Out of PS.Case No. -192 Year- 2016 Thana -KISHUNPUR District- SUPAUL ======================================================

1. PHULESHWAR SINGH @ PHULESHWAR PD. SINGH Son of Bachchan Singh Resident of Village - Parmanandpur, Shivnyar, Police Station - Karjain, District - Supaul.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Dhananjay Kumar Tiwary For the Opposite Party/s : Mr. Sri Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 08-04-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 409 of the Indian Penal Code.

The petitioner is the government servant and was posted as Panchayat Secretary at the relevant time. Allegation is that the petitioner did not provide the service folder of the contract teachers to the superior authorities.

Submission is that this may be the case of insubordination labiality for disciplinary proceeding. Further no new criminal offence is made out.

Let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty

Patna High Court Cr.Misc. No.17218 of 2017 (6) dt.08-04-2017 2/2 days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Supaul/successor Court in connection with Kishanpur Police Station Case No. 192 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully cooperate with the investigation and trial of the case failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Kundan/- U T