Somnath Urao And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.6653 of 2017 Arising Out of PS.Case No. -479 Year- 2016 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR ======================================================
1. Somnath Urao, son of Sahdeo Urao (Sl.No.14), resident of villageNauachak, P.O.-Ishipur, P.S.-Pirpainti, District-Bhagalpur.
2. Ram Lakhan Vaidya, son of Baidyanath Vaidya (Sl.No.9), resident of village-Khirwa Pochutiya, P.S.& District-Banka.
3. Vikram Mandal @ Vikram Pd. Mandal, son of Singheshwar Prasad Mandal (Sl.No.18), resident of village+P.O.-Govindpur, P.S.-Pirpainti, District-Bhagalpur.
4. Nand Kishore Yadav @ Nand Kishore Bhagat, son of Jagmohan Yadav (Sr.No.4) resident of mohalla-Nathnagar, District-Bhagalpur.
5. Dilip Kumar, son of Jagdish Mandal (Sr.No.8), resident of village+P.O.- Goradih, P.S.-Lodipur, District-Bhagalpur.
6. Md. Mansoor Kalim @ Mansur Kalim, son of Mansoor Takdir (Sr.No.5), resident of village-Hajipur, P.O.-Ratanganj, P.S.-Sahkund, DistrictBhagalpur. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vibhakar Kumar For the Opposite Party/s : Mr. Sri Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 27-04-2017 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 409 and 420 of the Indian Penal Code.
The petitioners were Panchayat Secretaries of the different Panchayats and allegation is that they did not send the file folder, of the teachers appointed on contract basis, to the
Patna High Court Cr.Misc. No.6653 of 2017 (4) dt.27-04-2017 superior authorities.
Submission of the petitioners is that it may be a case of insubordination by the government servant, but no criminal liability is made out.
Considering the aforesaid facts, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Bhagalpur/Successor Court in connection with Kotwali Adampur P.S. Case No.479 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and subject to the further condition that petitioners shall fully cooperate with the investigation and trial of the case, failing which the Court below shall be at liberty to take steps for cancellation of the bail bonds of the petitioners in this case. Arvind/- (Birendra Kumar, J) U T